JUDGMENT

Helmi Hamzah JC:

(Failure To Comply With The Consent Order)

Introduction

[1] The Plaintiff's claim and the defendant's counterclaim were scheduled for a full trial on the following dates: 8 September 2025, 9 September 2025, 30 September 2025, 2 October 2025, 3 October 2025, 27 October 2025, and 31 October 2025.

Preliminary Issue

[2] On the first day of the full trial, the Learned Counsel for the defendant raised a preliminary issue regarding the plaintiff's failure to pay the security for costs of RM100,000.00 as previously agreed and recorded in the Consent Order dated 4 July 2022 ("Consent Order"). According to the Defendant, the plaintiff's claim should be dismissed with no liberty to file afresh in accordance with para 3 of the Consent Order.

[3] Since this is an old case registered in 2021, I decided to hear the preliminary issue immediately. After hearing oral submissions from both parties, I dismissed the plaintiff's claim in accordance with para 3 of the Consent Order.

[4] Regarding the Defendant's counterclaim, I directed both parties to proceed with the full trial as scheduled. The full trial of the defendant's counterclaim concluded on 2 October 2025, and I had given di