JUDGMENT

Abdul Hamid Mohamad J:

This action commenced in 1989. There is a related action in Ipoh High Court involving the same subject matter, though a different defendant. The trial of the Ipoh High Court case, which I understand is very lengthy, has almost come to a close. Indeed, considering that the two cases involve the same facts concerning an incident in Ipoh, this case should have been transferred to Ipoh and heard together with the Ipoh case.

In this action claim is an insurance claim in the sum of RM32,249,000 "or alternatively" RM16,124,500 interest and costs arising from damage and loss by fire.

The defendant, inter alia, pleaded fraud.

By a summons in chambers, the defendant has applied for the plaintiff to provide security for costs in the sum of RM200,000 on the ground that the plaintiff has been wound up. The senior assistant registrar dismissed the application. I allowed it but fixed the amount at RM100,000. Hence this appeal.

Before me only one issue was argued. That is whether the defendant must obtain leave of court first before filing the application. This is in view of the provision of s. 226(3) of the Companies Act 1965. There was a similar application in