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2024 MarsdenLR 731

HIGH COURT MALAYA IPOH
PUA KOK HONG – Appellant
Versus
PUAH CHOON WEI – Respondent


Petitioner Advocates:Dexter Mah ,Respondent Advocate: Wei YetLee

JUDGMENT

Moses Susayan JC:

Introduction

[1] This case involves a civil dispute between Pua Kok Hong (Plaintiff) and Puah Choon Wei (Defendant) for the recovery of a sum of money by the Plaintiff from the Defendant. The Defendant filed an application to transfer the case from the Ipoh High Court to the Shah Alam High Court, on the basis that the cause of action accrued in Shah Alam because the agreement was executed in Shah Alam. Alternatively, did the cause of action accrue at the place where the default of payment occurred, which is Ipoh, where the Plaintiff was at the material time?

Background Facts

[2] The Plaintiff claims that the Defendant owes RM1,871,900.00 from a loan agreement dated 9 May 2023, along with legal costs, interest, and additional expenses. The Plaintiff contends that the Defendant agreed to return the monies by instalments and, in fact, had made a few payments to the Plaintiff in Ipoh where he currently is and conducting business. Therefore, the Plaintiff takes the position that two consecutive defaults in payment constituted a breach, where the cause of action accrued in Ipoh, where the Plaintiff was at the material time.

[3] The Defendant, on the other hand, resid

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