DATIN SERI TAN BEE GEOK DATO SERI THAI KIM SIM

DATIN SERI TAN BEE GEOK DATO SERI THAI KIM SIM

Where a prior order directed multiple suits be heard together but one plaintiff changed solicitors so there was no longer common representation, the change frustrated the purpose of the joint hearing; the court has power to sever to prevent injustice and to secure just, expeditious and economical disposal; accordingly Suit 31 was severed from Suit 22 and ordered to be tried separately while Suit 22 remains heard together with Suit 23; no order as to costs.

Citation
WA-23NCvC-31-04/2022 (Mahkamah Tinggi)
Parties
Plaintiff (suit 31): Datin Seri Tan Bee Geok; Defendant (suits 22 and 31): Dato' Seri Thai Kim Sim; Plaintiff (suits 22 and 23): Lin Woon Fui; Defendant (suit 23): Dato' Teh Chee Kian
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 April 2025
Case Number
WA-23NCvC-31-04/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Inter Partes Application (severance / Consolidation Issue) / Interlocutory / Pre Trial Application to Sever and Transfer Suits
Outcome
Application granted in part: suits reconfigured as ordered; no order as to costs
Legal Topics
Consolidation, Severance, Joinder, Change of Solicitors, Abuse of Process, Judge Shopping, Rules of Court Interpretation
Source Language
Malay/English
Civil Procedure Civil Litigation Court Management Consolidation Severance Joinder Change of Solicitors Abuse of Process +2 more

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Parties

Datin Seri Tan Bee Geok

Plaintiff (suit 31)

Dato' Seri Thai Kim Sim

Defendant (suits 22 and 31)

Lin Woon Fui

Plaintiff (suits 22 and 23)

Dato' Teh Chee Kian

Defendant (suit 23)

Procedural Posture

Civil Inter Partes Application (severance / Consolidation Issue) / Interlocutory / Pre Trial Application to Sever and Transfer Suits

Legal Issues

  1. 1 Whether change of solicitors by one plaintiff is a valid ground to sever previously ordered consolidated/heard-together suits
  2. 2 Whether suits previously ordered to be heard together should be transferred/heard separately to prevent injustice and inefficiency
  3. 3 Whether defective affidavits undermine the application to sever

Ratio Decidendi

Where a prior order directed multiple suits be heard together but one plaintiff changed solicitors so there was no longer common representation, the change frustrated the purpose of the joint hearing; the court has power to sever to prevent injustice and to secure just, expeditious and economical disposal; accordingly Suit 31 was severed from Suit 22 and ordered to be tried separately while Suit 22 remains heard together with Suit 23; no order as to costs.

Court Disposition

Application granted in part: suits reconfigured as ordered; no order as to costs

Orders

  • Suit 31 is to be heard/tried separately from Suit 22
  • Suit 22 is to be heard/tried together with Suit 23