MAC PETROLEUM SDN. BHD. v EVERMORE ACCESS SDN. BHD.
Catchwords
Application for stay of proceedings pending resolution of dispute in a foreign forum - Plaintiff's appeal against decision of Sessions Court which had allowed the Defendant's application to stay proceedings and refer dispute to the High Court in London - whether there are exceptional circumstances justifying refusal of a stay - burden on Plaintiff to prove such circumstances - Plaintiff claims that the Defendant had failed to deliver fuel products to them under MOU whilst the Defendant claims that the Plaintiff to take delivery of the same Held: There exist exceptional circumstances justifying refusal of a stay - both parties resident in Malaysia, contract made in Malaysia, the dispute involved fuel products in Singapore, no dispute involving original supply of products from Kazakhstan, specifications or title, issue of facts confined to products in Singapore - Appeal allowed with costs.
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-12ancc-1-01-2024)