JUDGMENT

Mohd Radzi Harun J:

Introduction

[1] Encl 11 is the application by the Defendants (in the original suit) pursuant to 0 23 r 1 (a) of the Rules of 2102 ("ROC") for the Plaintiff to provide security for costs at RM80,000 until the final disposal of the Suits.

[2] I had allowed the application with costs ordered to be in the cause. The Defendants are aggrieved by that decision and filed this appeal.

[3] The following are my grounds in coming to such decision.

Finding

[4] The source of power for this Court to entertain an application for security for costs is provided in O 23 r 1(1) of the ROC which provides:

"23. (1) Where, on the application of a defendant to an action or other proceedings in the Court, it appears to the Court-

(a) that the plaintiff is ordinarily resident out of jurisdiction;

(b) that the plaintiff (not being a plaintiff who is suing in a representative capacity) is a nominal plaintiff who is suing for the benefit of some other person and that there is reason to believe that he will be unable to pay the costs of the defendant if ordered to do so;

(c) subject to paragraph (2), that the plaintiff's address is not stated in the writ or originating summons or is incorrect