MEGA PALM SDN. BHD & ORS HUN TEE SIANG & 31 ORS

MEGA PALM SDN. BHD & ORS HUN TEE SIANG & 31 ORS

The Court held the Consent Order contained terms (notably paragraphs 9 and 10) that went beyond the ambit of the original Suit 698; because the consent order thus embodied a new agreement outside the original action's scope a fresh action (the OS) was necessary and the High Court therefore had jurisdiction to hear the OS; the Judicial Commissioner correctly refused to strike out the OS and the appeal was dismissed with costs.

Citation
W-02(IM)(NCvC)-1557-08/2021 (Mahkamah Rayuan)
Parties
1st Appellant: Mega Palm Sdn. Bhd.; 2nd Appellant: Country Heights Properties Sdn. Bhd.; Respondents: Hun Tee Siang & Ors (including Country Heights Damansara Residents' Association)
Court
IM
Jurisdiction
Malaysia
Judgment Date
10 March 2022
Case Number
W-02(IM)(NCvC)-1557-08/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) From High Court Striking Out Application / Determination of Jurisdiction and Whether Originating Summons (fresh Action) Is Competent to Enforce/seek Consequential Reliefs Under a Consent Order (final Judgment)
Outcome
Appeal dismissed; decision of Judicial Commissioner dated 22 July 2021 affirmed
Legal Topics
Enforcement of Consent Orders, Jurisdiction to Sue in Fresh Action V Original Proceedings, Variation of Consent Orders, Mareva Injunction/disposal of Assets, Discovery/disclosure, Contempt/committal Proceedings
Source Language
Malay/English
Civil Procedure Contract Law Equity and Remedies Administrative/statutory Procedure Enforcement of Consent Orders Jurisdiction to Sue in Fresh Action V Original Proceedings Variation of Consent Orders Mareva Injunction/disposal of Assets +2 more

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Parties

Mega Palm Sdn. Bhd.

1st Appellant

Country Heights Properties Sdn. Bhd.

2nd Appellant

Hun Tee Siang & Ors (including Country Heights Damansara Residents' Association)

Respondents

Procedural Posture

Civil Appeal (court of Appeal) From High Court Striking Out Application / Determination of Jurisdiction and Whether Originating Summons (fresh Action) Is Competent to Enforce/seek Consequential Reliefs Under a Consent Order (final Judgment)

Legal Issues

  1. 1 Whether enforcement or consequential reliefs under a consent order must be pursued in the original action or may be pursued by a fresh action
  2. 2 Whether the High Court had jurisdiction to hear the Originating Summons (OS) filed in 2021
  3. 3 Whether the OS impermissibly sought to vary the consent order (unilateral variation) or sought consequential reliefs within the consent order's ambit

Ratio Decidendi

The Court held the Consent Order contained terms (notably paragraphs 9 and 10) that went beyond the ambit of the original Suit 698; because the consent order thus embodied a new agreement outside the original action's scope a fresh action (the OS) was necessary and the High Court therefore had jurisdiction to hear the OS; the Judicial Commissioner correctly refused to strike out the OS and the appeal was dismissed with costs.

Court Disposition

Appeal dismissed; decision of Judicial Commissioner dated 22 July 2021 affirmed

Orders

  • Appeal dismissed
  • Costs to be paid by Appellants to Respondents in the sum of RM15,000.00 (subject to allocatur)