HIGH COURT MALAYA SHAH ALAM
BERJAYA AIR SDN BHD & ANOR – Appellant
Versus
MALAYSIA AIRPORTS SDN BHD & ANOR – Respondent
Yes, the court granted security for costs. Specifically, the court ordered the 2nd Plaintiff, a foreign company, to pay RM100,000 as security for costs. This order was made because the court found it appropriate given the foreign status of the 2nd Plaintiff, the absence of assets within the jurisdiction, and the difficulties in cost recovery due to the lack of reciprocal enforcement agreements with Malaysia (!) (!) . The court also considered the complexity of the case and the value of the claims, and concluded that requiring security was just and necessary to ensure cost recovery in the event of a successful defense (!) (!) (!) .
| Table of Content |
|---|
| 1. security for costs ordered for foreign plaintiff. (Para 1 , 2 , 3 , 4) |
| 2. background facts of the plaintiffs' claim. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. application of order 23 r 1(1) for security. (Para 11 , 12) |
| 4. discretion of court on security for costs. (Para 13 , 14 , 15) |
| 5. factors favoring security for costs against foreign plaintiffs. (Para 16 , 17 , 18 , 19) |
| 6. absence of assets within jurisdiction supports security. (Para 20 , 21 , 22) |
| 7. risks in recovering costs from foreign plaintiffs. (Para 23 , 24 , 25) |
| 8. merits not to be considered at this stage. (Para 26 , 27) |
| 9. order for security for costs issued. (Para 28) |
| 10. assessment of quantum for security for costs. (Para 29 , 30 , 31) |
| 11. nature of claims affects security assessment. (Para 32 , 33 , 34) |
| 12. past cases inform security for costs decisions. (Para 35 , 36 , 37 , 38 , 39 , 40) |
| 13. final decision on security amount is rm100,000. (Para 41 , 42 , 43 , 44) |
| 14. summary of factors for security against foreign plaintiffs. (Para 45 , 46 , 47 , 48 , 49 , 50) |
| 15. court's orders and conclusion on security. (Para 51 , 52 , 53 , 54) |
Introduction
[1] In this suit whereby the 2nd Plaintiff, being a foreign
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