Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Order 4 r.1 rules of court 2012

Legal area

Court

1 Jul 2025

LEMON SKY ANIMATION SDN BHD 1. ) WONG CHENG FEI 2. ) FOONG KA KING 3. ) SPIKY THINGS SDN BHD 4. ) CHIN YOON SEAN

Citation

BA-22NCvC-515-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-515-12/2024 (Mahkamah Tinggi)

The Court found that the pleadings disclose a common question of law or fact relevant to both suits and that the differences are not so fundamental as to defeat consolidation; allegations of bad faith and prejudice were not established. Accordingly the Court allowed the application to transfer/consolidate (Enclosure 16) and awarded costs in the cause.
24 Apr 2024

LIN MUI KIANG TENAGA NASIONAL BERHAD

Citation

BA-12ANCvC-76-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-76-12/2023 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court: consolidation was refused because the TNB claim is a statutory cause under ESA 1990 for meter tampering and loss of revenue while the appellant’s action against third parties is contractual/negligence; the causes are different, mere involvement of the same premises or subject matter is insufficient to justify consolidation, and consolidation would risk cross-actions and prejudice; appellate intervention was not justified as the lower court's factual and legal analysis was not plainly wrong.