Introduction

[1] The present matter relates to an application in encl 47 by the Defendant (in the Main Action) for security for costs. The reliefs sought by the Defendant in encl 47 are as follows:

1. The Plaintiff to pay RM250,000.00 as security for costs to the Defendant within 7 days from the date of order;

2. The proceedings to be stayed until the payment of RM250,000.00 is made;

3. The proceedings to be dismissed in the event the Plaintiff fails to pay RM250,000.00;

4. Costs to be paid by the Plaintiff to the Defendant.

The Overriding Issue

[2] The key issue in this application is whether this is a proper case for this Court to exercise its discretion to invoke O 23 of the Rules of Court 2012 and order the Plaintiff to provide security for costs.

The Main Action And The Countercla