Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Consolidation and transfer of suits

  • 30 Sept 2025

    TAN KA HAN AIA BHD.

    Citation
    JA-22NCC-25-03/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-22NCC-25-03/2025 (Mahkamah Tinggi)

    Discovery ordered in part because specified categories (Agency Compensation Handbook and circulars; plaintiff's commission and sales records; list of policies under plaintiff's portfolio; investigation and termination records subject to privilege; correspondence regarding LIAM referral) are relevant and necessary for fair disposal; strike out application dismissed because claims, however exaggerated, disclose triable issues not plainly unsustainable; consolidation and transfer to the Kuala Lumpur High Court (Commercial Division) and consolidation with WA-22NCC-858-12/2024 granted to promote e…

  • 8 Jul 2025

    DESLEY TNG ZE HOW 1. ) AIA BERHAD 2. ) AIA PUBLIC TAKAFUL BERHAD

    Citation
    JA-22NCC-45-07/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-22NCC-45-07/2024 (Mahkamah Tinggi)

    The court permitted the Defendants to withdraw the Amended Statement of Defence and Counterclaim but awarded costs to the Plaintiff; the court dismissed the application to consolidate and transfer because the Defendants failed to demonstrate sufficiently common questions of law or fact (the alleged conspiracy was not properly pleaded and individualized evidence of each plaintiff's sales and commissions was required), and consolidation/transfer would risk confusion of distinct evidence and is inappropriate absent satisfying the tests in Central Securities.