Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Order 57 rules of court 2012

Legal area

Court

19 Dec 2023

THE RED APRICOT SDN. BHD. 1. ) U LUXURY BOUTIQUE SDN. BHD. 2. ) AIRMAS DEVELOPMENT SDN. BHD. 3. ) MOK HOON WAI

Citation

WA-23NCvC-82-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23NCvC-82-12/2023 (Mahkamah Tinggi)

The court exercised its discretion to transfer the proceedings to the High Court at Penang because the cause of action and subject land are in Penang, the respondents and witnesses are based in Penang, the facts and need for a possible site visit point to Penang as the forum of convenience, and no prejudice to the appellant outweighed those considerations.
21 Oct 2021

LOGANATHAN A/L NATCHIMUTHU NAGESWARY A/P THANGAVELLU

Citation

JB-12ANCVC-3-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JB-12ANCVC-3-07/2021 (Mahkamah Tinggi)

The appeal is dismissed because the Sessions Court at Batu Pahat is the forum conveniens: the cause of action, witnesses and connecting facts are primarily in Batu Pahat/Muar; the respondent as dominus litis may choose the forum; the appellant failed to satisfy the court that Seremban was a more appropriate forum; the Sessions Court judge's refusal to transfer was not plainly wrong and merits deference.