Malaysia Case Law: Decisions & Judgments

Topic

Separate trials

Legal area

Court

10 Jun 2024

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

Citation

WA-22NCvC-828-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-828-12/2020 (Mahkamah Tinggi)

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.
5 Oct 2022

1. ) Stevant Paul a/l Winson 2. ) Stevant Paul a/l Winson (Mendakwa sebagai Pentadbir kepada harta pusaka Ow Lai Thing, Si Mati) Euroland & Development Sdn Bhd PIHAK KETIGA 1. ) All Ways Builder Sdn Bhd 2. ) Chia Chiw Hoon 3. ) Wong Kin Sin

Citation

BA-22NCvC-295-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-295-07/2022 (Mahkamah Tinggi)

The court exercised its discretion under Orders 16 and 34 of the Rules of Court 2012 to strike out the Third Party Notice because joint trial would be inconvenient and contrary to just, expeditious and economical disposal and the protective policy of the Housing Development (Control and Licensing) Act: the purchasers’ claims were simple and distinct from the developer’s complex building contract and tort claims, evidence and witnesses diverged, arbitration stays risked protracted delay, and allowing joinder would cause multiplicity, repetition and prejudice to purchasers; liberty was granted…
16 Jun 2022

Chow Ye An & 21 yang lain Euroland & Development Sdn Bhd PIHAK KETIGA All Ways Builder Sdn Bhd

Citation

BA-22NCvC-210-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-210-05/2021 (Mahkamah Tinggi)

The court exercised its discretion under O.34 r.1(1) read with O.16 r.4 and O.15 r.5, finding a joint trial would be inconvenient and contrary to the overriding objective of just, expeditious and economical disposal and the protective policy of the Housing Development Act; accordingly the application for extension of time was dismissed and the third party notice was struck out with liberty to sue separately.
18 Apr 2022

Chow Ye An & 21 Ors. Euroland & Development Sdn Bhd PIHAK KETIGA All Ways Builder Sdn Bhd

Citation

BA-22NCVC-210-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-210-05/2021 (Mahkamah Tinggi)

The application to amend the Third Party Notice to add the contractor's directors and plead conspiracy was dismissed because the proposed joinder would embarrass and delay the trial, be otherwise inconvenient and contrary to the Rules of Court emphasis on just, expeditious and economical disposal; consequently separate trials are appropriate and the amendment was refused.

Malaysia Case Law

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

1. ) Stevant Paul a/l Winson 2. ) Stevant Paul a/l Winson (Mendakwa sebagai Pentadbir kepada harta pusaka Ow Lai Thing, Si Mati) Euroland & Development Sdn Bhd PIHAK KETIGA 1. ) All Ways Builder Sdn Bhd 2. ) Chia Chiw Hoon 3. ) Wong Kin Sin

Chow Ye An & 21 yang lain Euroland & Development Sdn Bhd PIHAK KETIGA All Ways Builder Sdn Bhd

Chow Ye An & 21 Ors. Euroland & Development Sdn Bhd PIHAK KETIGA All Ways Builder Sdn Bhd