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2024 MarsdenLR 328

COURT OF APPEAL PUTRAJAYA
TAN SEE MENG & ORS – Appellant
Versus
ABLE OILS & FATS SDN BHD & OTHER APPEALS – Respondent


Petitioner Advocates:Awang Armadajaya Awang Mahmud,Hasshahari Johari Mawi,Muhamad Hafizan Shafuan Kamarulzaman,Mahzal Nazrin Mahat ,Respondent Advocate: Lim Koon Huan,Siew Ka Yan

JUDGMENT

Lim Chong Fong JCA:

Introduction

[1] These are interlocutory applications for security for costs pending the hearing of appeal in the Court of Appeal.

[2] The First to 3rd appellants are Malaysian citizens while the Fourth and 5th appellants are Malaysian incorporated private limited companies.

[3] The Respondent is also a Malaysian incorporated private limited company.

[4] We heard the applications on 2 February 2022 and unanimously decided as follows:

(1) We order the 4th appellant to pay security of costs of RM50,000.00 in total in respect of all three pending appeals referred in encls 31, 37 and 34 within one month from today. We also ordered the 5th appellant to pay security of costs of RM50,000.00 in total in respect of all three pending appeals referred to in encls 31, 37 and 34 within one month from today. If such security is not given within the stipulated time, the Respondent is at liberty to apply to strike out Appeals no 1240, 1544 and 2041.

(2) Case management fixed on 4 March 2024. The pending appeals to be heard after this date.

(3) We dismiss the application for security for costs against the First, Second and 3rd appellants. No order as to costs.

(4) As for the 1st

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