HIGH COURT MALAYA KUALA LUMPUR
AL AMIN STRATEGIC COMMODITY SDN BHD – Appellant
Versus
SEACERA GROUP BHD & ORS – Respondent
| Table of Content |
|---|
| 1. transfer of proceedings for consolidation (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding consolidation and objections (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court's analysis on jurisdiction and legal principles (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 4. decision to allow consolidation and transfer (Para 43) |
Introduction
[1] This decision arises from the Plaintiff's application to transfer proceedings initiated at Dagang 8 Court to NCC4 Court, both within the same division of the High Court of Malaya at Kuala Lumpur. The objective behind the transfer was to consolidate and enable the joint hearing of this suit alongside an earlier filed suit at the NCC4 Court.
[2] The issues for determination were with regards to the power and jurisdiction of a Court of co-ordinate jurisdiction to transfer a case from one Court to the other pursuant to O 57 of the Rules of Court 2012 ("the Rules") and s 25(2) of the Courts of Judicature Act 1964 ("CJA") ; and whether the Plaintiff's application for consolidation had complied with O 4, r 1 of the Rule
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