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HIGH COURT MALAYA KUALA LUMPUR
NG JOO SOON @ NGA JU SOON – Appellant
Versus
DEVECHEM HOLDINGS (M) SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. petition consolidation request details. (Para 1 , 2) |
| 2. respondents' arguments for consolidation. (Para 3 , 4) |
| 3. court's consideration of legal framework. (Para 5 , 6) |
| 4. court's observations on party identities. (Para 7 , 8) |
| 5. distinct nature of proceedings. (Para 9 , 10 , 11 , 12) |
| 6. challenges of common questions/facts. (Para 13) |
| 7. criteria for consolidation effectiveness. (Para 14 , 15) |
Grounds Of Decision
[1] By enclosure 32, the Respondents sought for the following principal orders:
(i) that this Petition be transferred to the High Court at Shah Alam and be consolidated with Shah Alam High Court Suit No: 22-1608-2009 [Shah Alam Suit] and thereafter be carried on concurrently; and
(ii) that the title of the Shah Alam Suit be amended by adding to it the title of this Petition.
[2] The application was supported by an affidavit of Ng Gek Pah, a director of the 1st Respondent who was authorized to affirm the affidavit on behalf of all the Respondents. The Petitioner resisted the application and filed an affidavit-in-reply affirmed on 24 June 2010 to which Ng Gek Pah replied by affidavit affirmed on 12 July 2010. The Petitioner then filed his 2nd af
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