Mohd Radzi Harun JC:

GROUNDS OF JUDGEMENT

INTRODUCTION

[1]This is an application by the Plaintiffs for this Court to allow the transfer to the High Court of 11 cases filed by the Plaintiffs and 16 other Plaintiffs at the Teluk Intan Sessions Court. This application is made pursuant to O. 57 r. 1, specifically O. 57 r. 1 (4)(b)(E) of the Rules of Court 2012

[2]I had disallowed this application and the Plaintiffs now appeal against my ruling. Below are my reasons for my finding.

BACKGROUND

[3]There are altogether 11 suits brought by 18 different Plaintiffs (including the Plaintiffs in the application) against the same four (4) Defendants before the Sessions Court.

[4]The Plaintiffs were purchasers of various types of houses in a housing project developed by the 1st Defendant. The 2nd Defendant was the architect firm appointed by the 1st Defendant to monitor the project development and responsible, among others, for the issuance of the Certificate of Completion. The 3rd Defendant prepared the Sales and Purchase Agreements for the houses and other related legal documentations. The 4th Defendant provided housing loans to most of the Plaintiffs for the purchase of the houses.

[5]Despite the hous