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2025 MarsdenLR 5234

HIGH COURT MALAYA KUALA LUMPUR
AMD CONSTRUCTION SDN BHD – Appellant
Versus
TANAH LAMAN SDN BHD & ANOR – Respondent


Petitioner Advocates:Cheah Teh Su ,Respondent Advocate: Wong Kian Kheong

JUDGMENT

Raja Ahmad Mohzanuddin Shah J:

[Enclosure 10]

Preliminary

[1] By way of encl 10, the defendants are seeking an order of transfer and consolidation of this action ("Suit 667") with another civil action registered as Kuala Lumpur High Court Civil Suit No: WA-22NCvC-666-10/2024 ("Suit 666").

The law

[2] The application is made pursuant to s 25(2) of the Courts of Judicature Act 1964 ("CJA") and O 57 and O 4 of the Rules of 2012 ("ROC").

[3] According to s 25 of the CJA:

" Powers of the High

25. (1) Without prejudice to the generality of art 121 of the Constitution the High Court shall in the exercise of its jurisdiction have all the powers which were vested in it immediately prior to Malaysia Day and such other powers as may be vested in it by any written law in force within its local jurisdiction.

(2) Without prejudice to the generality of subsection (1) the High Court shall have the additional powers set out in the Schedule:

Provided that all such powers shall be exercised in accordance with any written law or rules of Court relating to the same."

[4] Meanwhile, O 57 r 1 of the ROC provides that:

"Transfer of proceedings to another (O 57, r 1)

1. (1) Where the Judge of the Hig


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