CHAN CHEE WING CIMB BANK BERHAD

CHAN CHEE WING CIMB BANK BERHAD

The court exercised its discretion to allow consolidation because the pleadings in both suits disclose the same core allegation (fraud/forgery) based on the same loan/security documentation and transactions, such that consolidation would secure a just, expeditious and economical disposal, avoid duplication and inconsistent judgments; the threshold in Order 4 r.1 ROC 2012 was satisfied and consolidation was therefore ordered with costs.

Citation
WA-22NCVC-883-11/2019 (Mahkamah Tinggi)
Parties
Perayu/plaintif: CHAN CHEE WING; Responden/defendan: CIMB BANK BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 September 2022
Case Number
WA-22NCVC-883-11/2019 (Mahkamah Tinggi)
Procedural Posture
Civil (interlocutory Applications) / High Court Decision on Consolidation and Joinder (grounds of Judgment)
Outcome
Enclosure (24) allowed; suits WA-22NCvC-883-11/2019 and WA-22NCvC-274-06/2020 consolidated by the High Court
Legal Topics
Consolidation of Suits, Joinder/addition of Parties, Forgery/fraud Allegation, Loan/mortgage Documentation, Case Management and Costs, Risk of Inconsistent Judgments
Source Language
Malay/English
Civil Procedure Banking Law Contract Law Succession/estate Proceedings Evidence Consolidation of Suits Joinder/addition of Parties Forgery/fraud Allegation +3 more

Case Brief

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Parties

CHAN CHEE WING

Perayu/plaintif

CIMB BANK BERHAD

Responden/defendan

Procedural Posture

Civil (interlocutory Applications) / High Court Decision on Consolidation and Joinder (grounds of Judgment)

Legal Issues

  1. 1 Whether suits WA-22NCvC-883-11/2019 and WA-22NCvC-274-06/2020 raise common questions of law or fact sufficient for consolidation under Order 4 r.1 ROC 2012
  2. 2 Whether the rights to relief in both suits arise out of the same transaction or series of transactions warranting consolidation
  3. 3 Whether joinder/addition of parties under Order 15 is appropriate and whether that impacts consolidation

Ratio Decidendi

The court exercised its discretion to allow consolidation because the pleadings in both suits disclose the same core allegation (fraud/forgery) based on the same loan/security documentation and transactions, such that consolidation would secure a just, expeditious and economical disposal, avoid duplication and inconsistent judgments; the threshold in Order 4 r.1 ROC 2012 was satisfied and consolidation was therefore ordered with costs.

Court Disposition

Enclosure (24) allowed; suits WA-22NCvC-883-11/2019 and WA-22NCvC-274-06/2020 consolidated by the High Court

Orders

  • Enclosure (24) allowed with costs
  • Suits to be consolidated and the intitulements amended accordingly