TAY ENG TIAN & ANOR vs KOH KOH KIAN (ENCL 22)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 MarsdenLR 924

HIGH COURT MALAYA MUAR
TAY ENG TIAN & ANOR – Appellant
Versus
KOH KOH KIAN (ENCL 22) – Respondent

Petitioner Advocates:Noor Nabila Shamsudin ,Respondent Advocate: Chew Chin Tai

Table of Content
1. application for security based on bankruptcy and implications thereof. (Para 1 , 2 , 6 , 9 , 11)
2. discretion of the court must consider all circumstances before issuing costs orders. (Para 40 , 44)
3. final ruling on security for costs application. (Para 47)

Awang Armadajaya Awang Mahmud JC:

Introduction

[1] This is an application pursuant to O 23 r 1(1)(b) Rules of 2012 to order the Plaintiff to deposit security for cost with the Court.

[2] The basis of the application are:

i. The 1st Plaintiff is an undischarged bankrupt until now and incapable of paying cost if so ordered by the Court.

ii. The 1st Plaintiff does not show the ability to pay up all the debts and to be discharged from the state of bankruptcy.

iii. The 1st Plaintiff is an agent for the Malaysian Insolvency Services Department and as such he cannot be made a bankrupt in the event he failed to pay any cost ordered by the Court.

[3] There is an objection raised against the affidavit-in-reply by the 1st Plaintiff which was filed on the 18 August 2021.

[4] The Notice of Application (encl 22) as well as the affidavit-in-support (Enclosure 21) were both filed on 27 May 2021. On the 1 June 2021, the Malaysian Gove

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2021 MarsdenLR 924

HIGH COURT MALAYA MUARTAY ENG TIAN & ANOR – AppellantVersusKOH KOH KIAN (ENCL 22) – Respondent

Cases Referred (1)

HIGH COURT MALAYA MUAR
TAY ENG TIAN & ANOR – Appellant
Versus
KOH KOH KIAN (ENCL 22) – Respondent