In the High Court case Civil Suit No 54 of 2022, Joko Santoso, the plaintiff, sought to consolidate the case with an Intermediate Court case. However, Judicial Commissioner Edward Timothy Starbuck Woolley dismissed the application on November 4, citing procedural issues and the lack of jurisdiction to consolidate cases from separate courts.
Justice Woolley noted that no application had been made to transfer the Intermediate Court case to the High Court, a step required for consolidation.
The decision also outlined that the injuries in question, sustained by Joko Santoso in separate workplace incidents in 2019 and 2020, complicate damages assessment.
The court highlighted that consolidating both cases at this stage could lead to delays and additional costs, particularly given that liability in the Intermediate Court case is still undetermined. LSL Sdn Bhd, although cited in the case, is not a party in the High Court proceedings.
The court dismissed the appeal with costs awarded to both Haji Abdul Rashid bin Haji Mahmood (defendant) and LSL Sdn Bhd.
The judge advised that, should liability be established in the Intermediate Court, parties may then consider consolidating for damage assessments due to the complexities involved.
Vincent Joseph of Messrs Fortis Law represented the plaintiff.
The defendant was represented by Andrew Wong from Messrs CCW Partnership and SK Ang of Messrs Yu and Chiew represented LSL Sdn Bhd. – Fadley Faisal
