COURT OF APPEAL PUTRAJAYA
JAYA SUDHIR JAYARAM – Appellant
Versus
NAUTICAL SUPREME SDN BHD – Respondent
| Table of Content |
|---|
| 1. refusal of consolidation based on commonality of facts. (Para 1 , 2 , 3) |
| 2. arguments against consolidation based on jurisdiction and procedure. (Para 4 , 7 , 10) |
| 3. court observation on the importance of avoiding conflicting judgments. (Para 5 , 6 , 8 , 9 , 11) |
[1] The appellant ("Jaya Sudhir") was aggrieved by the refusal of the High Court to consolidate two suits in which he was directly involved - as a defendant in Suit No WA-22NCVC-544-08-2016 ("Suit 544") and as a plaintiff in Suit No: WA-22NCC-165-05-2017 ("Suit 165"). The legal disputes concerned a joint venture company, Nautilus Tug & Towage Sdn Bhd ("the joint venture company") which at the time of its incorporation was for the purpose of undertaking a continuation of a project by another entity, Vale. The joint venture company was owned by Azimuth Marine Sdn Bhd ("Azimuth") and Nautical Supreme Sdn Bhd ("Nautical") with Azimuth holding 80% shares and Nautical, the remaining 20%. This shareholding was provided for in a shareholders agreement dated 15 March 2013. Then on 16 December 2015, Azimuth transferred 10% of its shares in the joint venture company to Jaya Sudhir and the following year, Jaya Sudhir wa
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