[1]This is an application by the Defendant under Order 2 Rule, Order 3 Rule 5, Order 57 Rule 1 and Rule 2 and Order 92 Rule 4 of the Rules of Court 2012 to transfer this proceeding to the Sessions Court at Petaling Jaya, in the state of Selangor. The relevant cause papers for this application are:

a)Writ of Summons and Statement of Claims dated 4.8.2023 (“Enclosure 1 and 2”);

b)Statement of Defence dated 25.8.2023 (“Enclosure 5”);

c)Amended Writ of Summons and Statement of Claims dated 8.9.2023 (“Enclosure 6 and 7”);

d)Amended) Statement of Defence and Counter Claim dated 16.10.2023 (“Enclosure 12”);

e)Reply to the Statement of Defence and Defence to Amended Counter Claim dated 31.10.2023 (“Enclosure 14”);

f)Notice of Application dated 25.04.2024 (“Enclosure 20”);

g)Affidavit In Support of the application affirmed by Khoay Ghee Teong dated 24.4.2024 (“Enclosure 21”);

h)Plaintiff’s Affidavit In Reply affirmed by Leow Heng Fatt dated 17.05.2024 (“Enclosure 22”); and

i)Defendant’s Affidavit In Reply affirmed by Khoay Ghee Teong dated 30.05.2024 (“Enclosure 23”).

Facts of the Case

[2]Both Plaintiffs are Malaysian who resided at Block 842, Woodlands Street 82, #02-71, Singapore 730842 whereas th