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2014 MarsdenLR 552

HIGH COURT MALAYA IPOH
HO HAU WONG & ORS – Appellant
Versus
EMERALD DEALS SDN BHD & ORS – Respondent


Judgement Key Points

Key Points: - The judgment discusses whether a consent order can be set aside by fresh action or by motion, and references exceptions (slip rule, clerical errors, or misstate of intent) (!) (!) . - It analyzes lack of consent as a potential ground to set aside a consent order and emphasizes that absence of consent typically requires a fresh action, with discussions of authority and representation during negotiations (!) (!) (!) . - It addresses the meaning and limits of "liberty to apply," stating it is for working out the judgment or seeking directions, not for unilateral variability of the consent order, and that manifest errors may be corrected under proper variation mechanisms rather than setting aside (!) (!) (!) (!) . - It clarifies that consent orders are binding contracts between the parties and can be varied or set aside only as permitted by law and proper procedure, with emphasis on fresh action for setting aside and not in the original action except for slip-rule corrections (!) (!) . - It notes that attempting to set aside a consent order due to misinterpretation or "global settlement" notions without proper basis is unsupported, reinforcing that alterations require appropriate process (!) (!) .

What is the proper mode to set aside a consent order: a fresh suit or an interlocutory application?

What are the grounds to set aside a consent order and how does lack of consent by a party affect its validity?

What is the effect and limits of "liberty to apply" in consent orders and can it be used to unilaterally vary terms?


Table of Content
1. overview of the case and parties' relationships (Para 1 , 2 , 3 , 4 , 5)
2. consent agreement for account and shareholding adjustments (Para 6 , 7 , 8 , 9 , 10)
3. court directives for mediation and negotiation (Para 11 , 12 , 13 , 14 , 15)
4. conditions for setting aside consent orders (Para 23 , 24 , 25)
5. delineation of a party's consent to a judgment (Para 26 , 27 , 28 , 29)
6. court's view on terms of directorship and fairness (Para 50 , 54 , 56 , 57)
7. implications of shareholding proportions on contributions (Para 61 , 62 , 63 , 64)
8. effects of external interventions on the settlement (Para 76 , 78 , 79 , 80)
9. proposal of amendments and their implications (Para 84 , 87 , 88 , 90)

[1] These 3 suits were by consent of the parties consolidated and heard 30 together. In brief the dispute that had arisen could be traced to the monies paid at various times to the personal account of Mr Chin Peng Sin ("CPS") by the First Plaintiff ("P1") either by himself or through his nominees the Second and Third Plaintiffs ("P2 and P3") in each of the 3 suits. Some RM31 million was said to have been so paid to CPS for the purpose of identifying lands in Perak for purchase and su

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