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2025 MarsdenLR 2609

HIGH COURT MALAYA KUALA LUMPUR
NAUTILUS TUG & TOWAGE SDN BHD – Appellant
Versus
DATO SRI SURESH EMMANUEL ABISHEGAM & ORS – Respondent


Petitioner Advocates:Lim Chee Wee,Wee Hee,Kuljeet Kaur Sidhu Brar Kulwindar Singh,Emily Ho Mei Li ,Respondent Advocate: Kanarasan Ghandinesan

Table of Content
1. application for security for costs (Para 1 , 2 , 4)
2. timor's status as non-party (Para 3 , 12 , 13)
3. discretionary nature of court's decision (Para 5 , 6 , 7 , 8 , 10 , 11)
4. sufficient grounds required for security (Para 34 , 41 , 58)
Indera Mohd Arief Emran Arifin J:

(Enclosure 22)

A. Introduction

[1] This is the application of the 6th and 8th Defendants for security for costs against Dato' Seri Timor Shah Rafiq ("Timor").

[2] Timor had initiated an application for leave to institute a derivative action on behalf of the Plaintiff against the Defendants, inter alia, for alleged breaches of the Defendants' duties to the plaintiff. This application was heard by Justice Atan and on 23 May 2024 was given leave to institute these proceedings in the civil suit no: WA-24NCC-629-11/2023 [Dato' Seri Timor Shah Rafiq v. Nautilus Tug & Towage Sdn Bhd [2024] MLRHU 1794; [2024] 3 MLJ 433; [2024] 10 CLJ 757]. Justice Atan had made the following, inter alia, orders:

"(3) The plaintiff be authorised to control the conduct of the derivative proceedings;

(4) The management fee payable by the defendant to Azimuth Marine Sdn Bhd be reduced to USD8,000.00 per month pending final resoluti

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