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2017 MarsdenLR 2347
HIGH COURT MALAYA PULAU PINANG
KW AQUATIC SUPPLIES SDN BHD – Appellant
Versus
MERP TECHNOLOGIES SDN BHD – Respondent
[Civil Appeal No: PA-12ANCC-12-04-2017]
Petitioner Advocates:Tay Hong Jin ,Respondent Advocate: Lee Guan Tong
Jurisdiction relies on the locus of the cause of action, which necessitates allowance of appeal when the initial court maintains appropriate connection to the dispute.
Headnote:The judgment revolves around the jurisdictional dispute concerning where the appeal from the Sessions Court should be heard. The plaintiff contended that the Sessions Court in Georgetown maintains jurisdiction as the breach of contract occurred therein, per statutory provisions and precedents. The court framed the primary issue as whether equitable grounds support the transfer of proceedings, confirming that the claimant must show strong justification for moving the case. Ultimately, the appeal was allowed, keeping the proceedings in Georgetown Court.
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| 1. jurisdiction based on the location of the cause of action and parties' agreements. (Para 1) |
[1] This is an appeal by the plaintiff against the decision of the learned Sessions Court Judge on 6 April 2017 in allowing the defendant's application to stay and transfer the proceedings to the Sessions Court Shah Alam. The parties in the present appeal will be referred to as they were at the Sessions Court.
