1. ) N2N CONNECT BERHAD 2. ) NGN CONNECTION SDN BHD 3. ) N2N GLOBAL SOLUTIONS SDN BHD 4. ) HERMES BOS SDN BHD 5. ) NETINFINIUM SOLUTIONS SDN BHD v 1. ) AHMAD ASHRAF BIN AZMAN 2. ) SHYAM SUNDAR RAYUDU 3. ) WONG VOON FUI

wa-24ncvc-1576-04-2024 High Court (Mahkamah Tinggi) 19 March 2025 • WA-24NCvC-1576-04/2024 • 8 min read
2 cases cited (0 SG, 2 foreign)

Catchwords

Mediation session conducted by judicial commissioner – Broad terms of settlement recorded – Parties could not agree on terms of draft “Consent Judgment” – Case management held before judicial commissioner – Judicial commissioner reviewed audio-video recording of mediation session and decided that the parties have agreed on the Defendants' version of the draft Consent Judgment – Defendants extracted sealed Consent Judgment based on draft approved by the court – Plaintiffs filed Originating Summons filed at High Court to set aside the Consent Judgment – Different grounds from typical cases of setting aside of consent orders: fraud, mistake, total failure of consideration, or other disputes between parties to the consent order – Atypical reason in seeking the setting aside due to a decision made by the judicial commissioner – In grounds for the Plaintiffs’ application, Plaintiffs alleged that the judicial commissioner committed error – Coordinate jurisdiction – A High Court judicial commissioner has no power to review the decision of another judicial commissioner – Plaintiffs ought to have filed appeal to the Court of Appeal instead of a new action at the High Court – Plaintiffs’ action to be struck out

Judges (1)

Gan Techiong Delivered

Counsel (6)

Kheng Hoe & Lee Yuen Firm Law Partnership Firm Cheryl Chung Ke Han Counsel Plaintiff Chew Yi Ting Counsel Plaintiff Henry Ng Zong Hui Counsel Defendant K Chandrasekar Counsel Plaintiff

Parties (8)

HERMES BOS Sdn Bhd Applicant N2N CONNECT BERHAD Applicant N2N GLOBAL SOLUTIONS Sdn Bhd Applicant NETINFINIUM SOLUTIONS Sdn Bhd Applicant NGN CONNECTION Sdn Bhd Applicant Ahmad Ashraf bin Azman Respondent Shyam Sundar Rayudu Respondent Wong Voon Fui Respondent

Case Significance

1. ) N2N CONNECT BERHAD 2. ) NGN CONNECTION SDN BHD 3. ) N2N GLOBAL SOLUTIONS... is a High Court (Mahkamah Tinggi) decision dated March 19, 2025 (citation: wa-24ncvc-1576-04-2024). The case was decided by Gan Techiong.

What was the outcome of 1. ) N2N CONNECT BERHAD 2. ) NGN CONNECTION SDN BHD 3. ) N2N GLOBAL SOLUTIONS...?

1. ) N2N CONNECT BERHAD 2. ) NGN CONNECTION SDN BHD 3. ) N2N GLOBAL SOLUTIONS... is a High Court decision dated March 19, 2025. The case was heard by Gan Techiong. See the full judgment for details.

Cases Cited (2)

UK (1)
[1895] 2 Ch 273
MY (1)
[1998] 1 MLJ 393

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24ncvc-1576-04-2024)