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2021 MarsdenLR 870

HIGH COURT MALAYA JOHOR BAHRU
ERA UNIVERSE DEVELOPMENT SDN BHD & ANOR – Appellant
Versus
TANG TWANG LOI & ANOR – Respondent


Petitioner Advocates:Tseng Seng Guan ,Respondent Advocate: Tan Vincent

JUDGMENT

Evrol Mariette Peters JC:

Introduction

[1] This is the Respondents' application for security for costs in encl 7 pursuant to s 580A of the Companies Act 2016 , and the inherent jurisdiction of this Court pursuant to O 92 r 4 of the Rules of 2012 ("Rules of "). The incidental reliefs prayed for included the striking out of the Appellant's appeal (against the decision of the learned Sessions Court Judge in ordering summary judgment against them), in the event that the Appellants failed to comply with the order for payment of security for costs.

[2] In response thereto, the Appellants filed an application in encl 11 to strike out the application for security for costs, pursuant to O 18 r 19 of the Rules of .

[3] Both applications in encls 7 and 11 were heard and addressed together. For ease of reference, the Appellants and Respondents are referred to respectively as the Defendants and Plaintiffs.

The Background Facts

[4] Both Defendants are private limited companies incorporated in Malaysia. The First Defendant is the developer for a mixed housing and commercial project known as Bandar Alam Masai ("the said Project") whilst the Second Defendant is the registered landowner of the s


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