Low Hop Bing J:

Introduction

The matter before me is an application (by way of summons in chambers) in encl. (8) wherein Lim Kong Huat Construction ("Lim") applies for an order that Luminous Crossroads Sdn Bhd ("Luminous Crossroads") do pay the sum of RM498,298 and an order for security for costs into court pending the final disposal of encl. (1) which is the notice of motion filed by Luminous Crossroads for extension of time to set aside and also to set aside an arbitration award dated 14 August 1998 ("the award").

Submission For Luminous Crossroads

In resisting Lim's application, Encik C.K. Tan, learned counsel for Luminous Crossroads submitted that in respect of payment of money into court, or any other form of security for the award, and for the costs, the principles are substantially the same.

In particular reference to the payment of the award into court or any other form of security, it was contended that Lim was using s. 24(3) of the Arbitration Act 1952 oppressively to stifle a genuine claim by Luminous Crossroads.

On the issue of security for costs, the argument advanced for Luminous Crossroads is that this is a privilege accorded only to a defendant and it is ne