DR MUNIR ZAMAN 1. ) THE UNIVERSITY OF NOTTINGHAM IN MALAYSIA SDN BHD 2. ) THE UNIVERSITY OF NOTTINGHAM 3. ) UNIVERSITY OF NOTTINGHAM MALAYSIA 4. ) DR. CHRISTINE THELMA ENNEW 5. ) DR. HAIDER ABBAS F. MOHAMED (ALSO KNOWN AS HAIDER ABBAS F. AL

DR MUNIR ZAMAN 1. ) THE UNIVERSITY OF NOTTINGHAM IN MALAYSIA SDN BHD 2. ) THE UNIVERSITY OF NOTTINGHAM 3. ) UNIVERSITY OF NOTTINGHAM MALAYSIA 4. ) DR. CHRISTINE THELMA ENNEW 5. ) DR. HAIDER ABBAS F. MOHAMED (ALSO KNOWN AS HAIDER ABBAS F. AL

The court allowed the plaintiff's withdrawal and struck out the claims against the 3rd to 6th defendants, while exercising its discretion to grant the plaintiff liberty to file afresh (subject to any limitation defenses the defendants may raise); costs were disallowed because defendants had not previously objected...

Source-derived case information.

Citation
WA-22NCvC-828-12/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Dr Munir Zaman; Defendant: The University of Nottingham in Malaysia Sdn Bhd; Defendant: The University of Nottingham; Defendant: University of Nottingham Malaysia Bhd; Defendant: Dr Christine Thelma Ennew; Defendant: Dr Haider Abbas F. Mohamed; Defendant: Lizdawati Binti Abdul Rahman
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 June 2024
Case Number
WA-22NCvC-828-12/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Breach of Contract / Wrongful Termination / Case Management: Claims Against Individual Defendants Struck Out; Trial on Breach of Contract Against Universities Pending
Outcome
Court struck out claims against the 3rd to 6th defendants upon withdrawal; granted liberty to file afresh; trial against the universities for breach of contract to proceed; costs disallowed.
Legal Topics
Wrongful Termination, Separate Trials, Order 34 Rules of Court 2012, Order 15 Rules of Court 2012, Withdrawal of Claims, Liberty to File Afresh, Costs
Employment Law Contract Law Civil Procedure Wrongful Termination Separate Trials Order 34 Rules of Court 2012 Order 15 Rules of Court 2012 Withdrawal of Claims +2 more

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Parties

Dr Munir Zaman

Plaintiff

The University of Nottingham in Malaysia Sdn Bhd

Defendant

The University of Nottingham

Defendant

University of Nottingham Malaysia Bhd

Defendant

Dr Christine Thelma Ennew

Defendant

Dr Haider Abbas F. Mohamed

Defendant

Lizdawati Binti Abdul Rahman

Defendant

Procedural Posture

Civil Breach of Contract / Wrongful Termination / Case Management: Claims Against Individual Defendants Struck Out; Trial on Breach of Contract Against Universities Pending

  1. 1 Whether the plaintiff could withdraw claims against individual defendants and whether the court should permit refiling
  2. 2 Whether the court should disallow the plaintiff from refiling
  3. 3 Whether costs should be awarded to defendants despite prior inaction regarding misjoinder

Ratio Decidendi

The court allowed the plaintiff's withdrawal and struck out the claims against the 3rd to 6th defendants, while exercising its discretion to grant the plaintiff liberty to file afresh (subject to any limitation defenses the defendants may raise); costs were disallowed because defendants had not previously objected to the joinder and should not benefit from their inaction.

Court Disposition

Court struck out claims against the 3rd to 6th defendants upon withdrawal; granted liberty to file afresh; trial against the universities for breach of contract to proceed; costs disallowed.

Orders

  • Claim against 3rd to 6th defendants struck off
  • Plaintiff granted liberty to file a fresh claim against the struck off defendants