JUDGMENT

Indra Nehru Savandiah JC:

Introduction

[1] The applicants filed the originating summons seeking a declaratory order that the Malaysian Courts specifically refer to Selayang Sessions Court as having the jurisdiction to hear the respondents' claim as the accident, the cause of the action, took place in Malaysia.

[2] The applicants further seek an order not to be held liable to satisfy any judgments obtained by the respondents in the Singapore Courts.

Background Facts

[3] The respondents, all Singaporeans, travelled in a bus bearing registration number PKF2212 driven by the third applicant, owned by the second applicant and insured by the first applicant.

[4] A trip to Genting Highlands turned tragic when the bus the respondents were travelling on the return journey to Singapore was involved in an accident at KM31.3 Lebuhraya Karak, Gombak, at about 4 pm on 31 August 2016.

[5] The respondents were initially treated in Malaysia. However, within a few days after the accident, the respondents were transferred to Singapore for further medical treatment.

[6] The respondents sustained severe injuries from the accident. The injuries are brain injuries, including right-sided subdural haemor