The court confirmed that consolidation of cases must show common questions of law or fact to ensure judicial efficiency and does not extend to unrelated actions.

[1] This decision arises from an application to transfer proceedings filed under an originating summons in this court to another court within the same division of the High court of Malaya at Kuala Lumpur to be consolidated with a writ action filed in the latter court ("Enclosure 5").

[2] The application raises the question as to the power of the Judge of 5 the High court to transfer proceedings to another court under O 57 and O 4 of the Rules of 2012 ("the Rules").

Background

[3] Enclosure 5 was originally filed under O 57 r 1 and O 4 r 1 of the Rules. However, the Defendant subsequently abandoned the reference to O 57 r 1 and pinned his application solely on O 4 r 1.

[4] The object of the Defendant's application as prayed for in encl 5 is to have this present action under Kuala Lumpur High court Originating Summons No WA-24NCC-160-04/2019 filed in NCC2 court ("the OS Action") to be 'listed' with the Kuala Lumpur High court Suit No WA-22NCC-164-03/2019 filed in NCC5 court ("the Writ Action") and for the Judge having conduct of the 2 matters to decide on the appropriate directions pursuant to O 4 r 1.