JUDGMENT

Leong Wai Hong JC:

Introduction

[1] This is an appeal by ING Bank NV, the appellant against the decision of a Sessions Court. The Sessions Court had dismissed an application by ING Bank NV under O 12 r 10 Rules of 2012 ["ROC 2012"] and/or O 92 r 4 of the ROC 2012 for, inter alia, an order to stay the proceedings against ING Bank NV on the ground of forum non conveniens.

[2] In this Judgment, the appellant/the 2nd defendant in the Sessions Court will be referred to as ING Bank NV, the respondent as the plaintiff and the 1st defendant in the Sessions Court as Public Bank.

[3] I heard counsel on 8 March 2022. At the conclusion of hearing I directed counsel to file further written submissions on whether the plaintiff having to litigate in Malaysia and Netherlands is a relevant factor against the granting of a stay in favour of ING Bank NV when considering the application of ING Bank NV to stay proceedings on the ground of forum non conveniens. I also fixed the appeal for decision on 16 March 2022.

[4] On 16 March 2022 I dismissed the appeal with costs. ING Bank NV has now appealed to the Court of Appeal. This is my Grounds of Judgment.

[5] In my Grounds of Judgment, I will examine w