Abdul Malik Ishak J:

Enclosure 19

[1] By this enclosure, the defendant seeks the following reliefs:

(a) that the present action, namely, the Kuala Lumpur High Court Civil Suit No: S6-23-74-2005 ("S6 suit") and the Kuala Lumpur High Court Civil Suit No: S4-22-23-77-2005 ("S4 suit") be consolidated and thereafter proceed with as one suit with the S6 suit as the first suit;

(b) that the title of the S4 suit be amended by adding to it the title of the present suit;

(c) all necessary and proper directions as to the conduct and carriage of the consolidated suit be given by this Honorouble Court; and

(d) in the alternative to (a) above, that the S4 suit be transferred to the Kuala Lumpur High Court Civil 6 division to be heard together with or after the determination of the S6 suit;

(e) that the costs of this application be costs in the cause; and

(f) such further and/or other relief as this Honourable Court deems fit and proper to grant.

[2] The primary grounds in support of the defendant's application in encl 19 are as follows:

(i) there is a similarity in the subject matter of the two suits and some of the issues that lie for determination in both the suits are also similar, consequently