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2024 MarsdenLR 455

HIGH COURT MALAYA KUALA LUMPUR
CJ POLYMERS SDN BHD – Appellant
Versus
KERK HAN MENG & ANOR – Respondent


Petitioner Advocates:Dato' K Kiruba Karan T Karthigasu,John Wong Yok Hon,Chong Kah Yee ,Respondent Advocate: Dato' Shamesh Jeevaretnam,Kumarappan Ramasamy,Siow Pey Yiaw

JUDGMENT

Ong Chee Kwan J:

Introduction

[1] Enclosure 33 is the Plaintiff's ("CJ Polymers") application seeking the following prayers:

a) that this present suit WA-22NCC-786 -10/2023 ("Suit 786") be transferred to the Kuala Lumpur High Court, NCC2 hearing the Originating Summons No.: WA-24NCC-547-10/2023 ("OS 547") and an order that OS 547 be tried and or heard after this present suit or in a manner to be decided by the Kuala Lumpur High Court, NCC2 trying or hearing OS 547 ("the Transfer Order");

b) alternatively, that Suit 786 be transferred and consolidated with the OS 547 ("the Transfer and Consolidation Order");

c) that consequential to prayer (2) above and or upon the Transfer and Consolidation Order in prayer (2) above being made, this present suit be transferred to the Kuala Lumpur High Court, NCC2 hearing OS 547.

[2] After perusal of the written submissions filed by counsel and upon hearing oral submissions from counsel, I dismissed encl 33 with costs.

[3] In essence, I found that the application is an abuse of the Court process being a mere tactical manoeuvre and further that this is not a case where there will be a saving of costs and time to justify an order to consolidate the S



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