1Malaysia Development Berhad 1. ) Patrick Andrew Marc Mahony 2. ) White & Case LLP

1Malaysia Development Berhad 1. ) Patrick Andrew Marc Mahony 2. ) White & Case LLP

Consolidation was ordered because the two actions arise from the same factual matrix (the Good Star phase), involve multiple common questions of law and fact, rely on overlapping documents and witnesses, and some reliefs arise from the same series of transactions; consolidation would save judicial time and costs and was not shown to be an abuse of process.

Citation
WA-22NCC-294-05/2024 (Mahkamah Tinggi)
Parties
Plaintiff: 1Malaysia Development Berhad; 1st Defendant: Patrick Andrew Marc Mahony; 2nd Defendant: White & Case LLP
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 December 2025
Case Number
WA-22NCC-294-05/2024 (Mahkamah Tinggi)
Procedural Posture
Writ Summons (civil) / Interlocutory — Consolidation Application Decided
Outcome
Consolidation allowed — application granted.
Legal Topics
Dishonest Assistance, Conspiracy to Injure by Unlawful Means, Service Out of Jurisdiction, Consolidation of Actions Under Order 4 R 1 ROC, Jurisdictional Challenge and Abuse of Process
Source Language
Malay/English
Civil Commercial Company Law Trusts and Fiduciary Law Private International Law (jurisdiction) Dishonest Assistance Conspiracy to Injure by Unlawful Means Service Out of Jurisdiction +2 more

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Parties

1Malaysia Development Berhad

Plaintiff

Patrick Andrew Marc Mahony

1st Defendant

White & Case LLP

2nd Defendant

Procedural Posture

Writ Summons (civil) / Interlocutory — Consolidation Application Decided

Legal Issues

  1. 1 Whether consolidation under Order 4 rule 1 Rules of Court 2012 is appropriate
  2. 2 Whether common questions of law or fact arise in Suit 294 and Suit 337
  3. 3 Whether rights to relief claimed arise out of the same transaction or series of transactions

Ratio Decidendi

Consolidation was ordered because the two actions arise from the same factual matrix (the Good Star phase), involve multiple common questions of law and fact, rely on overlapping documents and witnesses, and some reliefs arise from the same series of transactions; consolidation would save judicial time and costs and was not shown to be an abuse of process.

Court Disposition

Consolidation allowed — application granted.

Orders

  • Consolidate Writ Summons No WA-22NCC-294-05/2024 with Suit No WA-22NCvC-337-05/2021 to proceed as one action; amend title of Suit 337 to add the title of Suit 294.
  • Costs of MYR 10,000 to be paid by White & Case LLP to 1Malaysia Development Berhad, subject to allocator.