HIGH COURT MALAYA MELAKA
MAC PETROLEUM SDN BHD – Appellant
Versus
EVERMORE ACCESS SDN BHD – Respondent
| Table of Content |
|---|
| 1. disputes arising from the mou. (Para 1 , 2 , 3 , 4 , 5) |
| 2. importance of exclusive jurisdiction clauses. (Para 6 , 7 , 8 , 9) |
| 3. parties' arguments for or against jurisdiction. (Para 10 , 11 , 12) |
| 4. court's evaluation of jurisdictional facts. (Para 14 , 15 , 17 , 19 , 21) |
| 5. court's reasoning on applying malaysian law. (Para 24 , 28 , 29) |
| 6. court's conclusion and decision. (Para 30) |
Matter Before This Court
[1] This is a decision on two (2) appeals each brought by the Plaintiff in appeals No MA-12ANCC-1-01/2024 and MA-12ANCC-2-01/2024 against the decision of the Sessions Court under civil suit no: MA-B52-NCC-32-08/2023. Appeal case 1-01 is against the decision of the Sessions Court under encl 6 to stay all proceedings pending adjudication of the Plaintiff's claim in a foreign forum. Appeal 2-01 is against the decision of the Sessions Court under encl 8 to not hear the Plaintiff's application for summary judgment against the Defendant following the Sessions Court decision to grant the stay.
Background Facts
[2] The core contention in both these appeals centers around the effect of a provision in an agreement called Memorandum of Understanding dat
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.