Applications To Transfer Cases ' A New Twist To The Tale?

• Published date: 06 January 2021
• Law Firm: SKRINE
• Author: Mr Muhammad Suhaib Ibrahim

Recently, the High Court in Liziz Plantation v Liew Ah Yong [2020] 10 CLJ 94 dismissed an application to transfer a case from a High Court in one state to a High Court in another state, holding inter alia that the increasing acceptance of remote communication technology has made the issue of having to physically travel to any court very much less important when considering the transfer of a case.

Brief facts

The plaintiff had commenced an action against the defendant pursuant to the National Land Code 1965, seeking, amongst others an order that the private caveats lodged by the defendant on certain pieces of land be removed.

The defendant, pursuant to Order 57 of the Rules of Court 2012 ("ROC 2012"), section 23 of the Courts of Judicature Act 1964 and/or the inherent jurisdiction of the court, sought an order that the action be transferred from the High Court at Ipoh to the High Court at Kota Bahru on the grounds that:

1. The cause of action arose in Kelantan as the lands were...