CHUAH SEONG KEAT v 1. ) THAI ODYSSEY SDN BHD 2. ) THAI ODYSSEY GROUP SDN BHD 3. ) DIN TAN YONG CHIA 4. ) DION TAN YONG CHIEN 5. ) JARED ANG TZER SHEN 6. ) DIANA TAN SHEIK NI 7. ) THAI ODYSSEY MANAGEMENT SERVICES SDN BHD 8. ) THUAN CHEW BOON 9. ) CHOO KIM WONG 10. ) LAI YIP POON 11. ) SPA ODYSSEY VENTURE BERHAD 12. ) SPA ODYSSEY GROUP SDN. BHD. 13. ) SPA ODYSSEY PROCUREMENT SDN. BHD.
Catchwords
[1] By way of Enclosure 16, the first to seventh defendants seek to strike out the plaintiff's Writ and Statement of Claim dated 15 April 2025 pursuant to Order 18 rule 19(1)(a), (b) and/or (d) of the Rules of Court 2012 (“ROC”) and/or the inherent jurisdiction of this Court. [2] According to the first to seventh defendants, this action cannot stand as a consent judgment has already been recorded in another High Court in the Commercial Division. [3] Meanwhile, the plaintiff argues that this current action to set aside that Consent Judgment must proceed to full trial because the Consent Judgment was entered even though it was not settled in full and final form in the Commercial Division, which is what the plaintiff is now disputing. [4] The court finds that this is a plain and obvious case that warrants the exercise of discretion to strike out the plaintiff's action. In this regard, the plaintiff's conduct prior to and following the recording of the consent judgment shows that he finally accepted its terms. As a result, not only is this action an afterthought, but also unilateral error cannot be used to set aside a regularly recorded Consent Judgment. [5] Enclosure 16 is therefore allowed with costs.
Practice Areas
Parties (14)
SPA ODYSSEY GROUP Sdn Bhd Defendant SPA ODYSSEY PROCUREMENT Sdn Bhd Defendant SPA ODYSSEY VENTURE BERHAD Defendant THAI ODYSSEY GROUP Sdn Bhd Defendant THAI ODYSSEY MANAGEMENT SERVICES Sdn Bhd Defendant THAI ODYSSEY Sdn Bhd Defendant Choo Kim Wong Defendant Chuah Seong Keat Plaintiff Diana Tan Sheik Ni Defendant Din Tan Yong Chia Defendant Dion Tan Yong Chien Defendant Jared Ang Tzer Shen Defendant Lai Yip Poon Defendant Thuan Chew Boon Defendant
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-241-04-2025)