Adams J:

This was an application by Summons in Chambers by the defendant residing at 22 Jalan Penggaram, Batu Pahat, for an order under O. 65 r. 6A that the plaintiff be ordered to provide security for costs. Mr. Ramason appeared for the applicant/defendant and Mr. McLeod for the plaintiff.

The action is one for the price of goods sold and delivered, namely live sheep which it is alleged were delivered to the defendant between December 1959 and August 1960. The defendant disputes the amount owing.

The plaintiff company is a company incorporated in the State of Singapore and although it is alleged that the plaintiff company have a branch in the Federation of Malaya at 28 Brickfields Road, Kuala Lumpur, the managing director's affidavit sworn on 22 March 1961, does not say that the plaintiff company are the owners of the premises nor does he say that the plaintiff company is the owner of any immovable property whatsoever in the Federation.

When the matter was argued before me in Chambers I refused the application on the authority of Coldham v. Raub Australian Gold Mining Co. Ltd. [1940] MLJ 51 which was cited to me by Mr. McLeod. But before the end of Chambers Mr. Ramason