KERAJAAN NEGERI KELANTAN vs PETROLIAM NASIONAL BHD & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 MarsdenLR 453

COURT OF APPEAL PUTRAJAYA
KERAJAAN NEGERI KELANTAN – Appellant
Versus
PETROLIAM NASIONAL BHD & ANOR – Respondent

Table of Content
1. factual background of the case (Para 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. plaintiff's arguments regarding re-transfer application (Para 9 , 10)
3. court's analysis on jurisdiction and transfer rules (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)

Low Hop Bing JCA:

Appeal

[1] This appeal by the Kelantan State Government ("the plaintiff") challenges the decision of the learned judge of the High Court in dismissing the plaintiff's application which sought an order to re-transfer the plaintiff's action from the Civil Division of the Kuala Lumpur High Court to the Commercial Division of the same Court ("the re-transfer application").

Factual Background

[2] On 30 August 2010, a writ of summons together with the statement of claim was filed on behalf of the plaintiff in the Kuala Lumpur High Court. It was registered in the Commercial Division as Suit No. D-22NCC-1663-2010.

[3] The defendant, Petroliam Nasional Berhad ("Petronas"), then filed its defence. This was followed by the plaintiff's reply thereto. Thereafter, pleadings were closed.

[4] On 16 November 2010, the Government of Malaysia filed an application for leave to intervene and to be joined as second defendant in the High Court

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2011 MarsdenLR 453

COURT OF APPEAL PUTRAJAYAKERAJAAN NEGERI KELANTAN – AppellantVersusPETROLIAM NASIONAL BHD & ANOR – Respondent

Cases Referred (4)

COURT OF APPEAL PUTRAJAYA
KERAJAAN NEGERI KELANTAN – Appellant
Versus
PETROLIAM NASIONAL BHD & ANOR – Respondent