(Enclosure 165)

INTRODUCTION

[1] The defendant applied under O 92 r 4 Rules of Court 2012 (RC 2012): Inherent Powers of the Court, seeking my recusal from presiding in his Suit and other related prayers.

[2] On 17 April 2023, after perusing the cause papers and hearing the respective submissions of counsels, I dismissed encl 165 with an order for a cost of RM8,000.00 against the defendant payable within 14 days from the date of this Order. Dissatisfied, the defendant is appealing that decision. My reasons are as follows:

Brief Facts

[3] From the cause papers, the facts are:

3.1 In encl 165, filed at the eleventh hour, the defendant seeks:

(a) That as the presiding Judge in this Suit, I am to recuse myself from it;

(b) That this Suit is heard and determined before another High Court Judge; and

(c) A stay on the trial of this Suit is granted pending the determination of encl 165.

3.2 Enclosure 165 is grounded on:

(a) The defendant is a party in another suit before me in KL HC Civil Suit No: WA-22NCVC-822-12/2021 (Suit 822).

(b) In that Suit 822, the defendant had applied for my recusal, which is still pending a determination on allegations that:

(i) That I had allegedly