Augustine Paul J:

The plaintiff is a licensed stockbroker with its registered address at No 171, Jalan Bunga Raya, 75100 Melaka. The defendant, whose last known address was at No 23, Persiaran Syed Putra, 50460 Kuala Lumpur, operated an account with the plaintiff and used its services for transacting in shares. The plaintiff's action against the defendant, filed in the High Court in Malaya at Melaka, is for the sum of RM3,509,323.29 and interest due on his account arising from share transactions. The defendant denied the claim and contended that the amount due arose as a result of collusion between the plaintiff and one Lim Teck Meng who had used his account for the purchase of shares thereby incurring the debt. The defendant brought a counterclaim against Lim Teck Meng pursuant to O. 15 r. 3 of the Rules of the High Court 1980.

On 26 January 1998 the defendant filed an application to have this action transferred to the High Court in Malaya at Kuala Lumpur based on s. 23(1)(a) and (b) of the Courts of Judicature Act 1964 ("the CJA") . In his affidavit in support of the application he affirmed that his address is in Kuala Lumpur and that he works in Petaling Jaya, Selangor