TAN GEOK LAN v LA KUAN [2004] 2 CLJ 301 FEDERAL COURT (KUALA LUMPUR) STEVE SHIM CJ, ABDUL HAMID MOHAMAD FCJ, MOHD NOOR AHMAD FCJ Summary of Facts 1. P entered into a joint-venture agreement (JVA) with D. 2. D failed to perform the agreement within the stipulated time and P gave the D notice to terminate the JVA. 3. The land was sold to the third party and P brought an action to the High Court for a declaration that the JVA had been rescinded, damages for breach of contract and special damages. 4. At the trial, P’s counsel tendered encl. 37 document as a consent order and informed the court that the parties had reached a settlement. Issue: 1. Whether the parties to a civil action in the High Court are bound by the agreement reached between themselves on the mode and manner of determining certain issues of fact which are the subject matter of proceedings 2. Whether such an agreement by the parties amounts to dictating how the trial court should conduct its proceedings Defendant’s Arguments NA Plaintiff’s Arguments NA Court’s decision and reasoning 1. The first issue should be answered in affirmative. A consent judgment or order is not the less a contract. 2. A consent order must be given its full contractual effect.
TAN GEOK LAN v LA KUAN [2004] 2 CLJ 301FEDERAL COURT (KUALA
LUMPUR)STEVE SHIM CJ, ABDUL HAMID MOHAMAD FCJ, MOHD NOOR AHMAD
FCJ
Summary of Facts 1. P entered into a joint-venture agreement
(JVA) with D.2. D failed to perform the agreement within the
stipulated time and P gave the D notice to terminate the JVA.3. The
land was sold to the third party and P brought an action to the
High Court for a declaration that the JVA had been rescinded,
damages for breach of contract and special damages.4. At the trial,
Ps counsel tendered encl. 37 document as a consent order and
informed the court that the parties had reached a settlement.Issue:
1. Whether the parties to a civil action in the High Court are
bound by the agreement reached between themselves on the mode and
manner of determining certain issues of fact which are the subject
matter of proceedings2. Whether such an agreement by the parties
amounts to dictating how the trial court should conduct its
proceedings
Defendants ArgumentsNA
Plaintiffs ArgumentsNA
Courts decision and reasoning 1. The first issue should be
answered in affirmative. A consent judgment or order is not the
less a contract.2. A consent order must be given its full
contractual effect.3. The answer to the second issue is that the
control of proceedings is always a matter of the trial judge. The
parties to the action may agree as to the manner of settling their
dipute.
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