OOI MENG KHIN vs AMANAH SCOTTS PROPERTIES (KL) SDN BHD & ORS AND ANOTHER APPEAL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Petitioner Advocates:Balvinder Singh ,Respondent Advocate: Chan Kok Keong,Yap Jyy Huey

Table of Content
1. notice of motions for security costs. (Para 1 , 1 , 2 , 3)
2. conclusion on applications for security. (Para 4 , 5 , 19)
3. legal basis for security for costs applications. (Para 6 , 7 , 8)
4. background of the appellate case. (Para 9 , 10)
5. arguments against security for costs. (Para 11 , 13 , 14 , 15 , 16 , 18)
6. arguments against security for costs (Para 12 , 17)
7. court's discretion on security costs. (Para 20)

[1] The following two appeals, namely:

(1) Civil Appeal W-02(NCC)(W)-2368-10-2012; and

(2) Civil Appeal W-02(NCC)(W)-2402-10-2012,

are scheduled to be heard together before the Court of Appeal. The hearing date is yet to be fixed.

[2] In the meantime, however, there are two notices of motion that need to be heard, namely:

(1) Enclosure 10a (under Civil Appeal W-02(NCC)(W)-2368-10-2012); and

(2) Enclosure 11a (under Civil Appeal W-02(NCC)(VV)-2402-10-2012).

[3] These notices of motions are the respondents' applications for further security for costs of the appeals.

[4] By consent of the parties, these motions were heard together on 19 April 2013. We have reserved judgment.

[5] And, now, we deliver our judgment.

[6] These notices of motion are made pursuant to s 44 o