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2023 MarsdenLR 1501

COURT OF APPEAL PUTRAJAYA
PERBADANAN PENGURUSAN CITY PLAZA – Appellant
Versus
SIGMA ELEVATOR (M) SDN BHD – Respondent


Petitioner Advocates:Ong Chee Yong,Jayananthini ,Respondent Advocate: Deepak Mahadevan,Faeza Suraya Roselan

Judgement Key Points

Based on the provided legal document, this case is primarily centered around the application for security for costs under Section 11 of the Arbitration Act 2005, rather than under Order 23. The case involves a dispute over whether the court should order a party to provide security for costs during arbitration proceedings, considering factors such as the financial capability of the defendant and the merits of the arbitration claim (!) (!) (!) .

The court's analysis and decision focus on the exercise of discretion in granting security for costs under the relevant statutory provisions, and the case discusses the considerations that should be taken into account when making such an order, rather than the procedural rules under Order 23. Therefore, the case is about security for costs under the applicable section of the Arbitration Act 2005, not specifically under Order 23.


Table of Content
1. introduction to the case and application. (Para 1 , 2 , 3)
2. high court's findings on defendant's financial status. (Para 4 , 5)
3. defendant's appeal against high court decision. (Para 6 , 7)
4. chronology of events leading to the case. (Para 8 , 9 , 10)
5. law regarding security for costs. (Para 11 , 12)
6. defendant's challenges to the high court's ruling. (Para 14 , 15)
7. pivotal ground for appeal regarding discretion. (Para 16 , 17)
8. consideration of relevant factors in security for costs. (Para 18 , 19 , 20)
9. counterarguments from plaintiff's counsel. (Para 21 , 22)
10. plaintiff's claims about the learned jc's considerations. (Para 23 , 24)
11. relevance of defendant's arbitration claims. (Para 25 , 26)
12. merits of defendant's arbitration claim and its relevance. (Para 27 , 28)
13. court's view on merits and relevance in security for costs. (Para 29 , 30)
14. determination of the learned jc's errors. (Para 31 , 32)
15. considerations in the learned jc's decision. (Para 33 , 34)
16. conclusion on the jc's exercise of discretion. (Para 35 , 36)
17. final conclusion on the appeal. (Para 37)
JUDGMENT

Ahmad Zaidi Ibrahim JCA:

Introduction

[1] The parties hereinafter shall

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