MUHAMMAD RIFQI AMZAR FAIZO (A CHILD AND BRINGING THIS ACTION THROUGH HIS LITIGATION REPRESENTATIVE, FAIZO YAACOB) v. DR SIVAKUMAR SIVALINGAM & ORS
HIGH COURT MALAYA, KUALA LUMPUR
SU TIANG JOO JC
[CASE NO: WA-23NCvC-89-09-2021]
27 SEPTEMBER 2023
[2023] CLJ JT (21)

Abstract – The parties to an action before the court do not have the absolute right to withdraw a case on their own terms. The court has the power to take charge of each and every case registered with the court to oversee the administration of justice and where appropriate, refuse to accede to any term of settlement proposed by any party to the proceedings, in the interest of justice. The court should not act as a rubber stamp.

CIVIL PROCEDURE: Action – Withdrawal of – Minor plaintiff with disability claiming through litigation representative – Withdrawal of action by reason of impecuniosity of litigation representative – Whether consent order with condition of 'without liberty to file afresh' ought to be allowed – Whether abusive in nature – Whether amounted to minor being stripped of right – Whether allowing order would result in severe injustice – Whether court has jurisdiction to vary consent order in interest of justice

JURISDICTION: Courts – Powers and jurisdiction – Consent order between parties – Whether terms of settlement amount to order or judgment of court – Whether court empowered to scrutinise proposed settlement prior to endorsement – Whether court has jurisdiction and power to vary consent order in interest of justice

LIMITATION: Extension of limitation period – Jurisdiction – Minor plaintiff with disability claiming through litigation representative – Withdrawal of action by reason of impecuniosity of litigation representative – Whether time for purpose of limitation period will only commence upon minor plaintiff reaching age of majority – Whether allowing order would result in severe injustice – Whether court could vary consent order with condition of 'without liberty to file afresh' in interest of justice – Limitation Act 1953, s. 24