Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Place of payment

Legal area

Court

31 May 2024

EC EXCEL WIRE SDN. BHD. 1. ) MEPSPEC ENGINEERING AND SERVICES SDN. BHD. 2. ) PARAGRENE LAND BERHAD

Citation

CA-22NCC-1-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

CA-22NCC-1-01/2024 (Mahkamah Tinggi)

Because the plaintiff's registered/place of business is in Kuantan and payment was due to the plaintiff there, the breach and cause of action arose in Kuantan under the principle in Malacca Securities; accordingly the transfer application failed and the proceedings should remain in Kuantan.
2 Sept 2020

Kumpulan Agressif Sdn Bhd [No. Sykt: 804552-V] Brooke Dockyard and Engineering Works Corporation [Diperbadankan di bawah BDEWC Ordinance (Cap 100)]

Citation

22NCVC-85-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

22NCVC-85-06/2020 (Mahkamah Tinggi)

The High Court in Malaya has jurisdiction because the cause of action accrued in Selangor where payment was to be made by the defendant; once the Malaya High Court is properly seised it retains jurisdiction even if another High Court also has jurisdiction, and it has no power to transfer the proceedings to the High Court in Sabah and Sarawak; therefore the defendant's application to set aside the writ and to transfer is dismissed.