10 Jun 2003
MALAYAN BANKING BERHAD v. CHINA INSURANCE CO LTD
- Citation
- MALAYAN BANKING BERHAD v. CHINA INSURANCE CO LTD
- Court
- Court of Appeal
- Case number
- CACV424/2002
The Court refused to strike out the wasted expenditure claim and refused to determine clause 24 under Order 14A because causation and the question of abandonment are matters requiring factual investigation at trial; however the judge's exercise of discretion in refusing joinder was wrong because fairness and the need for full discovery justified joining OUB and OCBC, and accordingly the appeal is allowed in part: the joinder order is granted and the action is stayed until the two banks are joined; the remainder of the appeal is dismissed and the costs orders are adjusted as set out.