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2018 MarsdenLR 3376

COURT OF APPEAL PUTRAJAYA
WORLD TRIATHLON CORPORATION – Appellant
Versus
SRS SPORTS CENTRE SDN BHD – Respondent


Petitioner Advocates:Nimalan Devaraja,Joyce Lim ,Respondent Advocate: Ranjan Chandran,Ganesh Magenthiran,Nandhini Devi Nagaindren,Chandni Anantha Krishnan

Table of Content
1. court's decision on the appropriate forum for the case. (Para 1)
2. overview of the appeal process and high court's initial dismissal. (Para 2)
3. summary of the salient facts underlying the dispute. (Para 3 , 4 , 5 , 8)

[1] This appeal emanates from the Kuala Lumpur High Court Order dated 3 November 2017. The learned High Court Judge had dismissed the appellant's application pursuant to O 12 r 10(2) of the Rules of 2012 ("ROC 2012") for a stay of proceedings in the High Court which application was premised on the ground of forum non conveniens. The appellant's position was that the forum conveniens to hear the dispute was the Courts of Florida, in the United States of America. The High Court, however, dismissed the appellant's application and found that Malaysia is the most convenient forum to hear the dispute.

[2] Aggrieved with this decision, the appellant appealed to this Court. After hearing the parties and taking into consideration the written submissions, we allowed the appeal and set aside the orders of the High Court. Our reasons for doing so now follow and will constitute the judgment of the Court.

Salient Facts

[3] The salient facts giving rise to the civil

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