Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Risk of inconsistent judgments

Legal area

Court

25 Jul 2024

BANK KERJASAMA RAKYAT MALAYSIA BERHAD KONG SUN ENTERPRISE SDN BHD

Citation

JA-24MFC-161-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24MFC-161-02/2024 (Mahkamah Tinggi)

The court granted the consolidation application because both proceedings arise from the same financing transaction and securities (551 undeveloped titles and Lot 46047), involve common questions of law and fact and reliefs flowing from the same transaction, and consolidation is necessary to avoid inconsistent judgments and to save time and costs; consolidation will not cause undue delay.
19 Sept 2022

CHAN CHEE WING CIMB BANK BERHAD

Citation

WA-22NCVC-883-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-883-11/2019 (Mahkamah Tinggi)

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.