Mega Palm Sdn Bhd & Anor v Hun Tee Siang (menyaman atas kapasitinya sebagai pemegang jawatan di persatuan Penduduk Country Heights Damansara, Kuala Lumpur) & 31 Ords [2022]3 AM1R 103 ( Court of Appeal)

[Setting aside a consent order – whether a fresh suit required] Justin and Christina Chin was counsel for the Appellant. The Appellant applied to strike out the Suit at the High Court on the basis that the Suit was an attempt to enforce a Consent Order the previous Suit and ought to have been filed in the previous Suit. The High Court dismissed the application. The Court of Appeal dismissed the appeal based on inter -alia the ground that as the terms of the consent order are not entirely identical to the reliefs sought in the initial action, the consent order went beyond the scope of the action and therefore a fresh and independent action (Originating Summons in this case) was necessary.