CJ POLYMERS SDN BHD 1. ) KERK HAN MENG 2. ) SIM CHIN HU

CJ POLYMERS SDN BHD 1. ) KERK HAN MENG 2. ) SIM CHIN HU

Enclosure 33 was dismissed because the Court lacked jurisdiction to order the intra‑branch transfer and direct another High Court's conduct, consolidation was unjustified as the proceedings differed in nature, parties and reliefs, OS 547 was at an advanced stage (so consolidation would cause delay), and the application was an abuse of process enacted for tactical advantage; therefore no saving of costs or time justified consolidation.

Citation
WA-22NCC-786-10/2023 (Mahkamah Tinggi)
Parties
Plaintiff: CJ POLYMERS SDN BHD; 1st Defendant: KERK HAN MENG; 2nd Defendant: SIM CHIN HU
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 July 2024
Case Number
WA-22NCC-786-10/2023 (Mahkamah Tinggi)
Procedural Posture
Civil – Company/shareholder Dispute (originating Summons and Writ) / Interlocutory Application to Transfer and Consolidate (enclosure 33) Dismissed
Outcome
Enclosure 33 dismissed with costs
Legal Topics
Transfer of Proceedings, Consolidation of Suits, Originating Summons Versus Writ Procedure, Abuse of Process, Jurisdictional Limits on Intra‑branch Transfers
Source Language
Malay/English
Company Law Civil Procedure Shareholder Oppression Court Jurisdiction Transfer of Proceedings Consolidation of Suits Originating Summons Versus Writ Procedure Abuse of Process +1 more

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Parties

CJ POLYMERS SDN BHD

Plaintiff

KERK HAN MENG

1st Defendant

SIM CHIN HU

2nd Defendant

Procedural Posture

Civil – Company/shareholder Dispute (originating Summons and Writ) / Interlocutory Application to Transfer and Consolidate (enclosure 33) Dismissed

Legal Issues

  1. 1 Whether this Court had jurisdiction to transfer Suit 786 to another Division within the same High Court branch and to order the other court to hear OS 547 after Suit 786
  2. 2 Whether consolidation under Order 4 r 1 ROC 2012 was appropriate given differences in nature, parties and reliefs between OS 547 and Suit 786
  3. 3 Whether there existed sufficient common questions of law or fact and a saving of costs/time to justify consolidation

Ratio Decidendi

Enclosure 33 was dismissed because the Court lacked jurisdiction to order the intra‑branch transfer and direct another High Court's conduct, consolidation was unjustified as the proceedings differed in nature, parties and reliefs, OS 547 was at an advanced stage (so consolidation would cause delay), and the application was an abuse of process enacted for tactical advantage; therefore no saving of costs or time justified consolidation.

Court Disposition

Enclosure 33 dismissed with costs

Orders

  • Enclosure 33 dismissed with costs fixed at RM5,000.00 payable to each Defendant subject to payment of allocator