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HIGH COURT (SHAH ALAM)
FAIZAH JAMALUDIN, J
Alupanorama Metals Sdn Bhd & Anor – Appellant
Versus
Okaya International (HK) Ltd & Anor – Respondent
| Table of Content |
|---|
| 1. plaintiffs filed claims for contract breach. (Para 1 , 2 , 3 , 6 , 34) |
| 2. high court's jurisdiction over non-residents. (Para 8 , 9) |
| 3. jurisdiction is conferred by roc order 11. (Para 11 , 13) |
| 4. service of warrants and jurisdiction defined. (Para 14 , 18) |
| 5. evolving jurisprudence on jurisdiction. (Para 19) |
| 6. serious issues must exist to proceed. (Para 59 , 60) |
| 7. significant connections validate jurisdiction. (Para 63) |
| 8. dismissal of d1’s application affirms jurisdiction. (Para 92) |
JUDGMENT
(Enclosure 17)
A. Introduction
[1]The Plaintiffs are Malaysian incorporated companies, carrying on the business in Malaysia of purchasing, fabricating and selling metal products, in particular aluminium products. The second Plaintiff (“P2”) is a subsidiary of the first Plaintiff (“P1”).
[2]The first Defendant (“D1”) is a company incorporated in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) and carries on business in Hong Kong. The second Defendant (“D2”) is a state-owned enterprise of the People’s Republic of China (“PRC”) and carries on business in the PRC.
[3]In September 2019, the Plaintiffs filed a writ and statement of claim against b
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