SM Komathy Suppiah J:

The Application

[1] This is an application by Lim Goh Eng Holdings Sdn Bhd, the plaintiff, under O 92 r 4 of the Rules of 2012 to reinstate its action that was struck out for non compliance of an "Unless Order" made on 1 April 2017.

Background Facts

[2] The circumstances that led to the filing of the application can be shortly stated. The plaintiff commenced this action against the defendant on 22 December 2017 for arrears of rental and other reliefs. The action was then set down for trial.

[3] Before the commencement of the trial, the defendant applied via encl 33 for security for costs in the sum of RM70,000.00. On 1 April 2019 the Court granted an "Unless Order" which required the plaintiff to deposit a sum of RM50,000.00 as security for costs within 14 days from the date of the Order. By the terms of the said Unless Order, the action would be struck out if the plaintiff failed to comply with the Court order by 15 April 2019.

[4] Immediately thereafter, the defendant's solicitors drew up the draft Unless Order and sent it to the plaintiff's solicitors, who on 4 April 2019 returned it without any comment. The sealed Unless Order was extracted and served o