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2018 MarsdenLR 1837
HIGH COURT MALAYA PENANG
NG CHIA WEI – Appellant
Versus
AIR ASIA BERHAD & ORS – Respondent
[Civil Appeal No: PA-12A-8-02-2018]
A party can pursue separate claims in different courts when the causes of action are distinct, as illustrated by the differentiation in claims under the Industrial Relations Act and tort law.
Headnote:This judgment concerns an appeal against the Sessions Court's decision allowing the defendants' application to strike out the plaintiff's claim on the basis of duplicity of action, relating to proceedings in the Industrial Court under s 20 of the Industrial Relations Act 1967. The Court highlighted that the claims made in both proceedings are distinct, assessing jurisdiction and the cause of action as separate. The Court concluded that the appeal was warranted, setting aside the lower Court's order and reinstating the plaintiff's claim.
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| 1. duplicity of action and its implications. (Para 1) |
[1] The parties herein will be referred to according to the titles designated to them in the Sessions Court. This is the plaintiff's appeal against the Sessions Court's decision dated 13 February 2018 allowing the defendants' application to strike out the plaintiff's statement of claim essentially on the argument of duplicity of action by plaintiff as notwithstanding his action against the 1st and 2nd defendants' in the Industrial Court under s 20 of the Industrial Relations Act 1967 , the plaintiff has also instituted the action before the Sessions Court against the same two defendants together with five other defendants.
