JCW

Justin was the counsel for Country Heights. This is a case on transfer of proceedings from the Subordinate Court to the High Court. A novel point was raised in the judgment in relation to Section 65(3) of the Subordinate Courts Act 1948 as to whether the application to transfer must first show that there is a refusal by the other side to agree under the said provision to enable the Sessions Court to have jurisdiction beyond the value limit. The High Court’s decision that this provision must first be resorted to was overturned by the Court of Appeal. The Court of Appeal decision/order was also reported in [1999] 3 CLJ 299.