LIM CHOON SENG v LIM POH KWEE

02f-16-03-2019j Federal Court (Mahkamah Persekutuan) • 02(F)-16-03/2019(J)

Catchwords

Civil procedure - Civil - Notice of Appeal - Plaintiff sued 50 defendants separately in 50 separate suits for similar relief in relation to 50 different premises - Judgment in default were obtained against 13 defendants while 37 suits were contested - parties of for the 37 suits agreed for the case to be tried as a “test case” - the decision would bind all 37 suits - Whether one notice of appeal filed by the losing defendant in the test case can operate as a common notice of appeal to cover appeals by the other parties - Whether the 36 defendants could hitch a ride on the respondent’s notice of appeal - Whether the liability of each defendant was distinct and separate since there were 37 separate and distinct order sealed and signed by the High Court -Definition of a “test case” - The requirements of a “test case” - the treatment of a “test case” on appeal - Whether the agreement between parties to be bound by the decision of the test case is without an expiry date - Whether the Court of Appeal had the power to make any order against the parties who did not lodge any appeal against the decision of the test case

Practice Areas

Civil Procedure

Judges (5)

Abang Iskandar bin Abang Hashim Coram Abdul Rahman bin Sebli Coram Azahar bin Mohamed Delivered Nallini Pathmanathan Coram Rohana binti Yusuf Coram

Parties (2)

Lim Choon Seng Appellant Lim Poh Kwee Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02f-16-03-2019j)