Section 5: Choice of court for connected claims

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 527/2561 (2018)

   Where a plaintiff sues several defendants who are jointly liable and one defendant is domiciled within the court's area at the time of filing, the connected causes let the plaintiff file the whole case in that court under Section 4(1) together with Section 5.

   The plaintiff sued two defendants to be jointly liable, and defendant 2 was domiciled in the trial court's area at filing. The Supreme Court held the plaintiff could properly file there under Section 4(1) with Section 5, and reversed the lower courts' refusal to accept the plaint.

2. Arrêt de la Cour suprême n° 7782/2560 (2017)

   Where the cause of a counterclaim is connected to the original claim, Section 5 lets it be filed in the same court, even if that counterclaim, here in tort, is not otherwise of the type that court ordinarily handles.

   The dispute arose from a divorce and property-division agreement. The court held that although the tort claim was not a family matter, its cause was connected to the original claim and to the counterclaim, so under Section 5 the defendant could bring the tort counterclaim in the same court.

3. Arrêt de la Cour suprême n° 56/2558 (2015)

   Where an adult defendant is sued as a joint debtor together with a minor defendant, the causes are connected under Section 5, so the plaintiff may file the claim against the adult in the same juvenile and family court.

   Defendant 1 was a minor and defendant 2 an adult sued to repay jointly. The court held the causes were connected under Section 5, so the plaintiff could file against the adult defendant in the juvenile and family court along with the minor.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.