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2024 MarsdenLR 882

HIGH COURT MALAYA PULAU PINANG
BM CITY REALTY & CONSTRUCTION SDN BHD – Appellant
Versus
MERGER INSIGHT BUILDERS SDN BHD & ANOR – Respondent


Petitioner Advocates:Walter Teoh Boh Choon,Looi Soo Hong ,Respondent Advocate: Eg Kaa Chee

JUDGMENT

(Security For Costs)

Kenneth St James JC:

Prelusion

[1] This Judgment covers two applications for security for costs. Both Defendants filed their respective applications.

[2] Enclosure 86 is the 1st Defendant's (D1's) application for an Order for the Plaintiff (P) to pay a security for the costs in this suit (Suit 158). D1 applies for an Order that P pays RM150K as security for costs, to be kept by D1's solicitors as stakeholders. D1 prays that P pays the money within 14 days from the date of this Order.

[3] D1 also prays that if P does not pay the security for costs amount within the time given to pay it, then this suit and its entire proceeding be stayed until the amount is paid.

[4] Enclosure 88 is the 2nd Defendant's (D2's) application for security for costs. D2 applies for an Order that P pays RM75K as security for costs, to be kept by D2's solicitors as stakeholders. D2 similarly prays that P pays the money within 14 days from the date of this Order.

[5] D2 also prays that if P does not pay the security for costs amount within the time given to pay it, then this suit be struck out (as distinct from D1's prayer that the proceedings in this suit be stayed until the amount is p


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