Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Forum convenience

Legal area

Court

8 Mar 2024

PUA KOK HONG PUAH CHOON WEI

Citation

AA-22NCvC-105-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-22NCvC-105-12/2023 (Mahkamah Tinggi)

Application to transfer was refused because the affidavit evidence showed the cause of action arose in Ipoh where the plaintiff resided, received repayments and suffered two consecutive defaults; under Order 57 the court exercised its discretion considering the statutory factors and ancillary considerations (including potential for summary disposal and modern remote hearing capabilities) and concluded it would be more convenient and just to retain the matter in the High Court at Ipoh.
7 Apr 2023

SIVASUBRAMANIAM SIVAYOGARAJASINGAM 1. ) SAUMIAN SIVAYOGARAJASINGAM 2. ) AVIS HOLDINGS SDN BHD 3. ) LARICO INFRASTRUCTURE SDN BHD

Citation

BA-22NCC-114-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-114-08/2022 (Mahkamah Tinggi)

Application dismissed because Order 57 requires transfer to another High Court of co-ordinate jurisdiction and does not extend to transferring proceedings within the same branch/division; moreover, although background facts overlap, the suits involve different parties, causes of action, legal issues and reliefs so there was no sufficient justification that this suit could be more conveniently or fairly tried in NCvC3; NCvC12 was capable of fairly and independently hearing the matters; transfer would cause delay and prejudice.