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

ca-22ncc-1-01-2024 High Court (Mahkamah Tinggi) 30 May 2024 • CA-22NCC-1-01/2024 • 8 min read

5 cases cited (0 SG, 5 foreign)

Catchwords

The Defendants applied for the Suit before the High Court to be transferred to the Shah Alam High Court. Having considered the affidavits particularly the grounds cited by the Defendants in support of their application, and the Plaintiff’s opposing affidavits and the submissions of both counsels. This court decided to dismiss the application. The law on transfer of proceedings is trite. The underlying jurisprudence on the transfer of proceedings is found in the provisions of Section 23(1) of the Courts of Judicature Act 1964 ("CJA"), paragraph 12 of the Schedule to the CJA and Order 57 r. 1(1) and 1(4) of the 2012 Rules. In the circumstances the breach in payment of the sum due occurred in Kuantan. The Plaintiff's cause of action therefore arose in Kuantan , thus the application is dismissed as the threshold is not met.

Judges (1)

Mohd Radzi bin Harun Delivered

Counsel (4)

Nandrajog Firm Ravi Moorthi Noriza Mala & Partners Firm Dinesh Nandrajog Counsel Defendant Muthu Kumar a/l Suya Kumanan Counsel Plaintiff

Parties (3)

EC EXCEL WIRE Sdn Bhd Plaintiff MEPSPEC ENGINEERING AND SERVICES Sdn Bhd Defendant PARAGRENE LAND BERHAD Defendant

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)

Cases Cited (5)

MY (5)

[1990] 1 CLJ 1246 [1998] 3 CLJ 22 [2016] 10 MLJ 663 [2016] MLJU 513 [2018] MLJU 424

Judgment

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Read on eJudgment

Source: eJudgment (ca-22ncc-1-01-2024)