(LAMPIRAN 44)

This is an application by the Defendant under Order 23 Rules of the High Court 1980 for security for costs to be furnished by the Plaintiff.

This matter has a somewhat checquered history, not least since it involves allegations of fraud, misrepresentation and a host of other disputes of a contentious nature, and perhaps compounded by the Plaintiff being a foreigner.

The facts as may briefly be recounted appear [2] to be that the Plaintiff is ordinarily resident outside the Court's jurisdiction. He was appointed by the Defendant to be its Project Manager for the purpose of securing the local installation contract (the contract) for the Sungai Piah Hydro-Electric Project with Bharat Heavy Electricals Ltd (BHEL) of India.

By a letter dated 17/7/1986 the Defendant confirmed in writing, its verbal agreement to pay the Plaintiff a sum of RM200,000 for his work and efforts in securing the local installation contract and it was expressly agreed that the sum of RM200,000 becomes payable to the Plaintiff either upon the formal execution of the said contract or upon the formal award of the same to Defendant by BHEL. The contract was duly awarded to the Defendant on