LEE LAI FATT LOH KUM CHONG

LEE LAI FATT LOH KUM CHONG

Transfer upheld: cause of action, witnesses and related events were in Segamat making Segamat Sessions Court the proper forum; Sessions Court has legal and territorial jurisdiction under ss 59 and 65 Subordinate Courts Act 1948; forum conveniens requires transfer; Chief Registrar's Circular is administrative only and does not limit statutory jurisdiction; therefore the Sessions Court's transfer order was proper and appeal dismissed.

Citation
JB-12A-2-03/2021 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Lee Lai Fatt; Respondent/defendant: Loh Kum Chong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 July 2021
Case Number
JB-12A-2-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (defamation) / High Court Appeal From Sessions Court Decision on Transfer of Venue
Outcome
Appeal dismissed
Legal Topics
Forum Non Conveniens, Local Jurisdiction of Sessions Courts, Jurisdictional Limits of Subordinate Courts Act, Administrative Directives (chief Registrar) Vs Statutory Power
Source Language
Malay/English
Civil Procedure Defamation (tort) Constitutional Law Administrative Law Forum Non Conveniens Local Jurisdiction of Sessions Courts Jurisdictional Limits of Subordinate Courts Act Administrative Directives (chief Registrar) Vs Statutory Power

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Parties

Lee Lai Fatt

Appellant/plaintiff

Loh Kum Chong

Respondent/defendant

Procedural Posture

Civil Appeal (defamation) / High Court Appeal From Sessions Court Decision on Transfer of Venue

Legal Issues

  1. 1 Whether Segamat Sessions Court has jurisdiction to hear the defamation suit
  2. 2 Whether the doctrine of forum conveniens applies to justify transfer
  3. 3 Whether Chief Registrar's Circular limits legal jurisdiction of Sessions Courts

Ratio Decidendi

Transfer upheld: cause of action, witnesses and related events were in Segamat making Segamat Sessions Court the proper forum; Sessions Court has legal and territorial jurisdiction under ss 59 and 65 Subordinate Courts Act 1948; forum conveniens requires transfer; Chief Registrar's Circular is administrative only and does not limit statutory jurisdiction; therefore the Sessions Court's transfer order was proper and appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Order allowing Defendant's Notice of Application to transfer the Writ of Summons and Statement of Claim from Muar Sessions Court to Segamat Sessions Court
  • Appeal dismissed with costs