(Enclosure 14)

Atan Mustaffa Yussof Ahmad J:

Introduction

[1] Before the court is an application by the 1st and 2nd Defendants to transfer the proceedings in Kuala Lumpur High court Suit No. WA-22NCC-787-11/2024 ("Suit 787') to the Ipoh High court pursuant to O 57 r 1 of the Rules of court 2012 (" ROC ") and/or s 23 of the Courts of Judicature Act 1964 ("CJA 1964").

[2] Having considered the submissions of both parties and the relevant legal authorities, I have come to the conclusion that the application should be allowed. These are my grounds.

Background Facts

[3] The Plaintiff, Export-Import Bank of Malaysia Berhad ("EXIM"), granted a term loan facility under an Overseas Project Financing Facility ("the Facility') to Superboom Projects Sdn Bhd ("the Borrower') vide a Facility Agreement dated 30 September 2016.

[4] The Facility was divided into two tranches: an OPF-1 Facility of up to USD20,000,000.00 and an OPF-2 Facility of up to USD22,000,000.00. By 27 November 2018, the total amount of USD20,000,000.00 under the OPF-1 Facility had been fully disbursed by the Plaintiff to the Borrower.

[5] The Defendants executed a Guarantee Agreement dated 2 November 2016 ("Guarantee Agreeme