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 High Court or a Judge of the Sessions Court or a magistrate is satisfied that any proceedings in that Court can be more conveniently or fairly tried in some other Court of co-ordinate jurisdiction, he may on application by any party, order the proceedings to be transferred to the other Court .

(2) A transfer of any proceedings from:

(a) a Subordinate Court to the High Court ; or

(b) the High Court to a Subordinate Court ,

shall only be made by an order of that High Court Judge on application by any party by originating summons or notice of application, whichever is appropriate.

(3) A transfer of any proceedings from:

(a) a Magistrates' Court to a Sessions Court ; or

(b) a Sessions Court to a Magistrates' Court ,

shall only be made by an order of that Sessions Court Judge on application by any party by originating summons or notice of application, whichever is appropriate.

(4) Before making any order to transfer any proceedings from:

(a) the High Court to another High Court of co-ordinate jurisdiction;

(b) a Subordinate Court to the High Court ;

(c) the High Court to a Subordinate Court ; or

(d) a Subordinate Court to another Subordinate Court ,

the High Court Judge or the Judge of the Sessions Court or magistrate, as the case may be, shall take into consideration whether the High Court or Subordinate Court which shall hear the case is located at or nearest to the place where:

(A) the cause of action arose;

(B) the defendant, or one of the several defendants, resides or has his place of business;

(C) the facts on which the proceedings are based exist or are alleged to have occurred;

(D) the land the ownership of which is disputed is situated; or

(E) for other reasons it is desirable in the interests of justice that the proceedings should be transferred.

(5) In this Order, "Subordinate Court " means the Magistrates' Court or the Sessions Court ."

[5] As for O 4 of the ROC, it states:

"Consolidation of causes or matters (O 4, r 1)

1. (1) Where two or more causes or matters are pending, and if it appears to the Court that:

(a) some common question of law or fact arises in both or all of them;

(b) the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions; or

(c) for some other reason it is desirable to make an order under this rule,

the Court may order the causes or matters to be consolidated on such terms as it thinks just or may order the causes or matters to be tried at the same time or one immediately after another or may order any of the causes or matters to be stayed until after the determination of any other of the causes or matters.

(2) An order for consolidation shall be made in Form 1 and shall direct that the cause or matter in which the application is made shall