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MALAYSIA: JURISDICTION OF COURT IS DEFINED

10th January, 2019

In a recent copyright infringement case between multiple plaintiffs (hereinafter referred to as the ‘plaintiffs’) and multiple defendants (hereinafter referred to as the ‘defendants’), the Penang High Court had to decide on whether to allow the defendants to transfer proceedings to the Kuala Lumpur High Court in accordance with Section 25(2) and Paragraph 12 of the Schedule of the Courts of Judicature Act 1964 and/or Order 92 rule 4 of the Rules of Court 2012 and/or on the basis of the High Court’s inherent jurisdiction.

The High Court held that the application of the defendants using Section 25(2) and Paragraph 12 of the Schedule of the Courts of Judicature Act 1964 is defective on the basis that the provision only grants the powers, but not the jurisdiction to the court to transfer proceedings.  The court also does not have the required jurisdiction to invoke its inherent powers as provided in Order 92 Rule 4 of the Rules of Court 2012. Thus, the High Court dismissed the Defendant’s application.

However, the Court of Appeal overturned the High Court’s decision. The application of the Defendants was allowed and the case was transferred to the Intellectual Property Division of the High Court in Kuala Lumpur.