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HIGH COURT MALAYA MELAKA
MAC PETROLEUM SDN BHD – Appellant
Versus
EVERMORE ACCESS SDN BHD – Respondent
| Table of Content |
|---|
| 1. dispute arises from mou and its jurisdiction. (Para 2 , 3 , 4 , 5) |
| 2. courts bound to enforce jurisdiction clauses. (Para 7 , 8) |
| 3. evidence location affects dispute resolution. (Para 14 , 17) |
| 4. consideration of exceptional circumstances in enforcing jurisdiction. (Para 24 , 26 , 28) |
| 5. plaintiff's appeal succeeds; stay disallowed. (Para 30) |
Matter Before This Court
[1] This is a decision on two (2) appeals each brought by the Plaintiff in appeals No MA-12ANCC-1-01/2024 and MA-12ANCC-2-01/2024 against the decision of the Sessions Court under civil suit no: MA-B52-NCC-32-08/2023. Appeal case 1-01 is against the decision of the Sessions Court under encl 6 to stay all proceedings pending adjudication of the Plaintiff's claim in a foreign forum. Appeal 2-01 is against the decision of the Sessions Court under encl 8 to not hear the Plaintiff's application for summary judgment against the Defendant following the Sessions Court decision to grant the stay.
Background Facts
[2] The core contention in both these appeals centers around the effect of a provision in an agreement called Memorandum of Understanding dated 17 March 2023 entered into between the
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