LIN MUI KIANG TENAGA NASIONAL BERHAD

LIN MUI KIANG TENAGA NASIONAL BERHAD

The appeal is dismissed because the Sessions Court judge correctly exercised discretion under Order 4 r.1 Rules of Court 2012: the two suits involve different causes of action and parties, do not raise common questions of law or fact of sufficient importance, consolidation would risk cross-actions and prejudice TNB; appellate intervention was unjustified as the lower court's factual findings were not plainly wrong.

Citation
BA-12ANCvC-76-12/2023 (Mahkamah Tinggi)
Parties
Appellant/defendant: Lin Mui Kiang; Respondent/plaintiff: Tenaga Nasional Berhad; Defendant (third Party): Yee Min Leong; Defendant (third Party): Yvonne Gan / Evonne Gan / Gan Lay Kuan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 April 2024
Case Number
BA-12ANCvC-76-12/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Sessions Court (interlocutory Consolidation Application)
Outcome
Appeal dismissed
Legal Topics
Consolidation of Proceedings (order 4 R.1 Rules of Court 2012), Meter Tampering and Statutory Recovery (electricity Supply Act 1990 Ss.37, 38), Liability of Registered Consumer, Interlocutory Final Orders and Appealability, Appellate Interference Standards
Source Language
Malay/English
Civil Procedure Electricity Law Contract Law Tort/negligence Appellate Review Consolidation of Proceedings (order 4 R.1 Rules of Court 2012) Meter Tampering and Statutory Recovery (electricity Supply Act 1990 Ss.37,38) Liability of Registered Consumer +2 more

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Parties

Lin Mui Kiang

Appellant/defendant

Tenaga Nasional Berhad

Respondent/plaintiff

Yee Min Leong

Defendant (third Party)

Yvonne Gan / Evonne Gan / Gan Lay Kuan

Defendant (third Party)

Procedural Posture

Civil Appeal / Appeal From Sessions Court (interlocutory Consolidation Application)

Legal Issues

  1. 1 Whether two separate suits should be consolidated under Order 4 r.1 Rules of Court 2012
  2. 2 Whether the suits raise common questions of law or fact of sufficient importance
  3. 3 Whether rights to relief arise out of the same transaction or series of transactions

Ratio Decidendi

The appeal is dismissed because the Sessions Court judge correctly exercised discretion under Order 4 r.1 Rules of Court 2012: the two suits involve different causes of action and parties, do not raise common questions of law or fact of sufficient importance, consolidation would risk cross-actions and prejudice TNB; appellate intervention was unjustified as the lower court's factual findings were not plainly wrong.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to Respondent RM5000.00 (subject to taxation)