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2008 MarsdenLR 1267

COURT OF APPEAL PUTRAJAYA
WAN MUHAMAD IBRISAM WAN IBRAHIM & ORS – Appellant
Versus
OPAL PYRAMID SDN BHD – Respondent


Petitioner Advocates:Adam Abdullah,S Maniarasan ,Respondent Advocate: JT Sambathan

JUDGMENT

Suriyadi Halim Omar JCA:

[1] The appeal before us was allowed with costs whereupon the High Court's decision was set aside. Pursuant to this order the senior assistant registrar's order allowing the first to the fourth defendants' (hereinafter merely referred to as the appellants) application for security for costs was reinstated. The only difference was that the sum of RM75,000 was varied to RM40,000.

[2] We now touch on the background of this appeal. The plaintiff (hereinafter referred to as the respondent) had sued Wan Muhamad Ibrisam bin Wan Ibrahim, Tuan Haji Mohd Salleh bin Zakaria, Said @ Shuaib bin Bakar, Salwan Corporation Berhad and Sateras Resources (Malaysia) Berhad (respectively the first until fifth defendants) for a breach of contract. On 24 August 2005, the four appellants with the exception of the fifth defendant (hereinafter referred to as Sateras), pending the main suit, filed a summons-in-chambers seeking security for cost for the sum of RM75,000 against the respondent. As said above, before the senior assistant registrar, the appellants succeeded and the full sum of RM75,000 sought for was granted as security for costs. Dissatisfied with that order, the r

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