Consolidation of cross-actions is prohibited to prevent inconsistent judgments, emphasizing efficiency and fairness in judicial proceedings.

JUDGMENT

(Enclosure 54)

Leonard David Shim J:

[1] This is an application by the Plaintiff for this Suit to be consolidated with the Sessions Court Suit No.BKI-A52NCvC-2/1-2020 (the Sessions Court Suit) including the Third Party Proceedings therein and to proceed as one action.

The Facts

[2] This case centres on the Management Agreement entered between parties in 2018 where it was agreed the Plaintiff would operate, maintain, and manage the buildings on Town Lease 017519836 situated at Jalan Punai Tanah, Likas, 88430 Sabah, Malaysia ("the said Premises") from the Defendant who is the registered owner of the said Land.

[3] In the Sessions Court Suit the roles and position of the parties are reversed. Borneo Music Conservatory (BMC) is the Defendant whereas Malaysian Red Crescent (Sabah Branch) (MRCS) is the Plaintiff in the Sessions Court Suit. It is the Defendant ' s case before the Sessions Court that the Plaintiff has been in possession of the said Premises without any payment of the monthly token as agreed under the Management Agreement since August 2018.

[4] The Defendant (MRCS) has further pleaded before the Sessions Court that the Plaintiff (BMS) has allowed an unlicenced playschool plus nursery to operate on the said Premises in breach of the Management Agreement.

[5] Before the filing of the Sessions Court Suit, the Defendant (MRCS) had filed the same Writ of Summons and Statement of Claim before the Magistrates' Court, which was discontinued 3 days after the service of the Defence and Counterclaim. The Defendant (MRCS) proceeded to file the Writ of Summons and Statement of Claim before the Sessions Court about 15 days later.

[6] The Plaintiff (BMC) then decided to maintain the proceedings before the Magistrates ' Court and filed for transfer of proceedings from the Magistrates' Court to the High Court, which is now before this Court.

[7] The chronology of events of both Suits as set out in the Defendant ' s submission are as follows:-

Date	Particulars	Remarks
2 December 2019	Filing Writ of Summons and Statement of Claim to Magistrates' Court (MC5)	BKI-A72NCvC-508/12-2019 (MC)
3 December 2019	Served Sealed copy of Writ of Summons and Statement of Claim to Borneo Music Conservatory Sdn Bhd(BMC)
12 December 2019	Affidavit of Service filed to Magistrates' Court (MC)
11 December 2019	BMC served the Memorandum of Appearance to Malaysian Red Crescent Society (MRCS) (MC)	BMC Solicitors, Messrs SK Pang & Co
30 December 2019	BMC served on MRCS the Statement of Defence and Counterclaim (MC)
3 January 2020	Filed Writ of Summons and Statement of Claim to Sessions Court (SC)	A52NCvC-2/1-2020 (SC3)
14 January 2020	Served Notice of Discontinuance to BMC (MC) Served sealed copy of Writ of Summons and Statement of Claim to BMC (SC)
21 January 2020	BMC served Memorandum of Appearance (SC) to MRCS (SC)
6 February 2020	BMC served the Statement of Defence and Set Off to the MRCS (SC)
2 March 2020	BMC filed Originating Summons to High Court to transfer the BMC's Counterclaim proceedings from Magistrates' Court to the High Court (the Transfer of Proceedings Application)	BKI-24-26/3-2020 (HC3)
23 June 2020	Trial dates fixed by Sessions Court on 24 - 25 September 2020
7 July 2020	Trial dates fixed by Sessions Court on 1 - 2 October 2020
3 March 2021	Trial dates fixed by Sessions Court on 17 - 18 August 2021
6 August 2021	Trial dates fixed by Sessions Court on 23 - 24 February 2022	Trial dates 17 - 18 August 2021 vacated in view of Chief Justice's Circular No 9 of 2021 - priority given to part heard cases.
16 August 2021	Second and final session for mediation	Outcome: Failed.
29 September 2021	Trial dates fixed by High Court on 12 - 15 September 2022
21 December 2021	Order for Leave to Issue Third-Party Notice served on Defendant
7 February 2022	Trial dates fixed by Sessions Court on 18 - 19 April 2022; and 14 - 15 June 2022.	Trial dates 23 - 24 February 2022 vacated
4 January 2022	Notice of Third-Party Proceedings filed by Plaintiff.
14 March 2022	Notice of Consolidation filed by Plaintiff.
18 March 2022	S