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15 SAcLJ Matrimonial Assets and the 3 rd Party 289
190 Consolidation may be ordered where the parties could have been
joined in a single action pursuant to Order 15 Rule 4. 116 It should be
noted that:
“If an order for consolidation had been made, only one set of
solicitors would represent the lead plaintiff and the
determination of the court would bind all parties. The other
plaintiffs would have to pay the costs of their solicitors with no
recourse against or indemnity from the defendants.” (per Lai
Kew Chai J, Lee Kuan Yew v Tang Liang Hong & Anor and
other actions (3) 117 at paragraph 4)
191 In Lee Kuan Yew v Tang Liang Hong, supra, it was held that it
was generally impossible to consolidate actions where the plaintiffs in
the actions had been and continued to be represented by different
solicitors who had, in each case, completed their research, getting-up
and, had been in the process of discovery of documents and other
information “in relation to matters which could extend back a quarter of
a century” 118 This was because it would not be possible to obtain the
agreement of all the parties regarding the conduct of the action, and it
would be “unjust and too overbearing” 119 to compel all the parties to
agree to one set of solicitors, to terminate their retainers of their
solicitors, and pay their solicitor and client costs without the prospect of
any recourse from the defendants should the plaintiffs succeed in their
claims.
192 The court in Lee Kuan Yew v Tang Liang Hong & Anor and
other actions (3), supra, was of the view that where it was not possible
for multiple actions to be consolidated, the next best alternative was to
order that they be tried at the same time.
193 There seems to be little practical difference between
consolidation and ordering actions to be tried at the same time, aside
from the issues of separate legal representation and costs. The court
observed that “In a trial of all the actions at the same time, the
attendances of witnesses, counsel and of the parties need not be
repeated. Counsel for plaintiffs and defendants in most cases of trials of
multiple actions at the same time had in practice sensibly agreed that
116 See Singapore Court Practice 2003, Jeffrey Pinsler, at p 70, para 4/1/1
117 [1997] 3 SLR 178
118 per Lai Kew Chai J, Lee Kuan Yew v Tang Liang Hong & Anor and other actions (3),
supra, at para 4.
119 Ibid, at para 11.