2011 MarsdenLR 2959

LOW HOP BING, ABU SAMAH NORDIN, ALIZATUL KHAIR OSMAN
KERAJAAN NEGERI KELANTAN – Appellant
Versus
PETROLIAM NASIONAL BHD & ANOR – Respondent

The transfer of proceedings under Item 12 of the Courts of Judicature Act applies only between different High Courts; practice directions must be followed for proper case management.

Headnote:(A) Courts of Judicature Act 1964 - Item 12 - Practice Direction No. 1 of 2008 - Dismissal of re-transfer application from Commercial Division to Civil Division of High Court challenged by the plaintiff - Transfer not made judicially; no party requested for it. (Paras 1, 9, 11, 14)

(B) Jurisdiction of Courts - Meaning of transfer of proceedings under Item 12 is limited to transfers between different high courts. Management of the case was consistent with Practice Directions issued for civil divisions. (Paras 13, 18)

Facts of the case:
The plaintiff sought to challenge the High Court's dismissal of its application to re-transfer its case back to the Commercial Division where it was initially filed, arguing the transfer was unjustified and not properly applied for by any party involved.

Findings of Court:
The power to transfer proceedings under Item 12 of the Courts of Judicature Act does not apply as the transfer was within the same High Court, and the learned judge acted consistently with established practice directions.

Issues: Whether the High Court judge properly dismissed the re-transfer application considering the unrequested transfer and compliance with Practice Directions.

Ratio Decidendi: The court held that the transfer under Item 12 only applies between different High Courts and that the practice direction was adequately followed which justified transferring the case to the civil division.

Result: Appeal dismissed.