EC EXCEL WIRE SDN. BHD. 1. ) MEPSPEC ENGINEERING AND SERVICES SDN. BHD. 2. ) PARAGRENE LAND BERHAD

EC EXCEL WIRE SDN. BHD. 1. ) MEPSPEC ENGINEERING AND SERVICES SDN. BHD. 2. ) PARAGRENE LAND BERHAD

Because the plaintiff's registered/place of business is in Kuantan and payment was due to the plaintiff there, the breach and cause of action arose in Kuantan under the principle in Malacca Securities; accordingly the transfer application failed and the proceedings should remain in Kuantan.

Citation
CA-22NCC-1-01/2024 (Mahkamah Tinggi)
Parties
Plaintiff: EC EXCEL WIRE SDN. BHD.; 1st Defendant: MEPSPEC ENGINEERING AND SERVICES SDN. BHD.; 2nd Defendant: PARAGRENE LAND BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 May 2024
Case Number
CA-22NCC-1-01/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Refusal to Transfer Venue / Hearing of Appeal From High Court Decision on Transfer Application
Outcome
Application to transfer dismissed; appeal dismissed
Legal Topics
Transfer of Proceedings, Cause of Action, Place of Payment, Forum Conveniens, Order 57 Rules
Source Language
Malay/English
Civil Procedure Contract Law Jurisdiction and Venue Transfer of Proceedings Cause of Action Place of Payment Forum Conveniens Order 57 Rules

Case Brief

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Parties

EC EXCEL WIRE SDN. BHD.

Plaintiff

MEPSPEC ENGINEERING AND SERVICES SDN. BHD.

1st Defendant

PARAGRENE LAND BERHAD

2nd Defendant

Procedural Posture

Civil Appeal Against Refusal to Transfer Venue / Hearing of Appeal From High Court Decision on Transfer Application

Legal Issues

  1. 1 Whether the suit should be transferred to Shah Alam High Court
  2. 2 Where the cause of action arose for non-payment claims
  3. 3 Application and interpretation of s.23(1) Courts of Judicature Act and Order 57 r.1(4)

Ratio Decidendi

Because the plaintiff's registered/place of business is in Kuantan and payment was due to the plaintiff there, the breach and cause of action arose in Kuantan under the principle in Malacca Securities; accordingly the transfer application failed and the proceedings should remain in Kuantan.

Court Disposition

Application to transfer dismissed; appeal dismissed

Orders

  • Application to transfer to Shah Alam High Court dismissed
  • Proceedings retained in the High Court of Malaya at Kuantan