JUDGMENT

Ong Chee Kwan JC:

Introduction

[1] This is an application ('Enclosure 13') filed by the Plaintiffs to transfer the proceedings before this Court under O 57 r 1 of the Rules of 2012 ('the Rules') and s 25(2) of the Courts Judicature Act 1964 ('CJA').

[2] More specifically, the Plaintiffs sought to transfer the proceedings in this Suit ('Suit 395') to the Commercial Court NCC6, Kuala Lumpur to be heard before the Judge hearing the Suit No: WA-22NCC-216-05/2021 ('Suit 216').

[3] The primary reasons given by the Plaintiffs for the transfer are that both Suit 395 and Suit 216 share common background facts and that it is necessary for all facts and issues in disputes arising from both the Suits to be heard before the same forum for an effectual and complete determination to avoid any inconsistent finding of facts by two different Courts of coordinate jurisdiction.

Background Facts

[4] In Suit 395, the Plaintiffs' claims are based on various causes of action against the 1st dan 2nd Defendant, namely:

(a) breaches of fiduciary and/or statutory and/or common law duties owed to the Plaintiffs;

(b) fraud and breach of trust, knowing receipts and dishonest assistance;

(c) conspiracy to injure,