Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Place where cause of action arose

Legal area

Court

29 Sept 2021

CENTROLINK LOGISTICS (M) SDN BHD THE T SHIRT INDUSTRIES SDN BHD

Citation

BL-11ANCvC-10-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BL-11ANCvC-10-08/2021 (Mahkamah Tinggi)

The High Court held that the primary factor is where the cause of action arose and the operative facts occurred; because the services, facts and alleged breaches occurred in Pelabuhan Klang, the cause of action arose in Klang and the Magistrate erred in transferring the proceedings to Melaka; appeal allowed and transfer set aside with costs to appellant.
6 Nov 2019

Goh Sue Zian (NRIC No. 900824-07-5608) Sim Chap Hoong (NRIC No. 881009-52-5499)

Citation

PA-24F-154-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-24F-154-09/2019 (Mahkamah Tinggi)

Because the cause of action, the facts relied upon and the defendant's residence were all situated in Kuching within Sarawak, the criteria in s 23(1)(a),(b) and (c) pointed to the exclusive territorial jurisdiction of the High Court of Sabah and Sarawak; therefore the High Court of Malaya lacked jurisdiction and the originating summons was struck out.