JUDGMENT

Azizul Azmi Adnan JCA:

Introduction

[1] The appellant, which was the plaintiff in the court below, made an application for its writ action to be transferred to another court, which was hearing another suit in which the appellant was a defendant, and for the two proceedings to be consolidated. This application was refused by the High court,against which decision the appellant now appeals.

[2] The High court was of the view that the application was a mere tactical manoeuvre, and therefore an abuse of the process of court. Furthermore, the court found that the transfer would not result in any savings of time or costs, due to the differing nature of the two suits.

Material Facts

[3] The material facts are not in dispute.

Suit 786

[4] The appellant plaintiff, CJ Polymers Sdn Bhd (referred to in this judgment variously as "CJ Polymers" or the "Company"), commenced a writ action (Suit 786) against Kerk Han Meng and Sim Chin Hu, who are its former directors. The plaintiff alleged, among others, that Mr Kerk and Mr Sim had undertaken certain transactions which it considered dubious and/or tainted with fraud and dishonesty. It was alleged that, as a result of these transactions, more than R