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HIGH COURT SABAH & SARAWAK KOTA KINABALU
SAGAJUTA (SABAH) SDN BHD – Appellant
Versus
TRANE MALAYSIA SALES & SERVICES SDN BHD – Respondent
| Table of Content |
|---|
| 1. application for security due to plaintiff's financial situation. (Para 1 , 5 , 6) |
| 2. court's balancing of both parties' interests. (Para 2 , 3 , 9) |
| 3. determination of security amount and court's discretion. (Para 4 , 10) |
| 4. defendant's claims of plaintiff's financial difficulty validated. (Para 8) |
This is an application by the defendant in Enclosure [106] for the following orders:-
[1] The Plaintiff and/or the Joint Liquidators, Tee Guan Pian and Wong Shan Ty, and/or such other parties the Court may order, do within seven (7) days from the date of this Court Order furnish security for the Defendant's costs in the sum of RM500,000.00 and/or such other sum to the satisfaction of the Court, such security to be furnished by payment into Court, or such other form as this Honourable Court may direct AND that until such security being given the Plaintiff's action against the Defendant be stayed AND that in default of such security being furnished within the aforesaid time the Plaintiff's action do stand dismissed without further order;
[2] The costs of this application be paid by the Plaintiff to the Defendant; and
[3] The application was premised on s 25 of the of Judicatur
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