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2011 MarsdenLR 416

HIGH COURT MALAYA, KUALA LUMPUR
RHB BANK BHD – Appellant
Versus
BACTRA PROPERTIES SDN BHD & ORS (NO 2) – Respondent


Table of Content
1. application for security for costs. (Para 1 , 2 , 3)
2. background on the defendant's financial status. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
3. plaintiff's claims against the defendants. (Para 13)
4. legal standards for security for costs. (Para 14 , 15 , 16 , 17)
5. balancing test for security for costs. (Para 19 , 20)
6. discretionary nature of ordering security. (Para 21)
Hasnah Mohammed Hashim JC:

[1] Enclosure 62 is the plaintiff's application for security for costs from the 1st defendant pursuant to s. 351 of the Companies Act 1965 . The plaintiff prays for the following orders:

1) that the 1st defendant pays RM250,000 as security for costs within seven days from the date of the order of the court;

2) that all proceedings in this suit is stayed pending the payment of the security for costs; and

3) in the event the security for costs is not paid the defence and counter claim dated 20 September 2010 is dismissed/struck out with no order as to cost.

[2] The application is supported by an affidavit in support affirmed on 27 October 2010.

[3] Grounds For The Application

i. The 1st defendant was wound up by an order dated 4 February 2010;

ii. The 1st defendant's liabili

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