Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Joinder of causes of action

Legal area

Court

15 Nov 2021

TAN WEI CIAN CECILY KEE LING LING

Citation

WA-12BNCVC-24-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCVC-24-02/2020 (Mahkamah Tinggi)

The appeal was allowed and the Sessions Court judgment set aside because the Statement of Claim improperly joined multiple distinct causes of action without leave or nexus, failed to particularise misrepresentations as required by the Rules, and the learned Sessions Judge committed serious misdirection by resolving admissibility in his grounds of judgment after trial, rendering the trial a mistrial.
11 Nov 2021

1. APPSMITHS SDN BHD 2..WELL INTEGRITY SERVICES LTD 3. LARRY MICHAEL PEACOCK 4. DANIEL KENNETH DEES 1. JASON KOK CHIN HWA 2. KOK WEI CHUEN 3. GRIT ENERGY SDN BHD 4. TAI CREST RESOURCES SDN BHD

Citation

WA-22NCVC-788-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-788-12/2020 (Mahkamah Tinggi)

The Statement of Claim disclosed multiple distinct causes of action and misjoinder of parties without leave; the plaintiffs refused the Court's direction to limit the trial to the fiduciary breach claim; under Order 34 Rule 1 and the Court's inherent jurisdiction the claim amounted to an abuse of process and was struck out with costs of RM3,000.