3 Dec 2025
1Malaysia Development Berhad 1. ) Patrick Andrew Marc Mahony 2. ) White & Case LLP
- Citation
- WA-22NCC-294-05/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-294-05/2024 (Mahkamah Tinggi)
Applying the substance test the court found Malaysia has extraterritorial jurisdiction under s.23(1)(a) and (c) CJA and the case also fell within Order 11 r 1(1)(H) and (J) ROC: the causes of action (dishonest assistance and unlawful means conspiracy) had their centre of gravity in Malaysia (victim, loss and key conspirators in Malaysia), consolidation could be relied upon and events after ex parte leave may be considered; plaintiff established a good arguable case and serious issues to be tried; consequently the application to set aside service out of jurisdiction was dismissed and leave to…