JUDGMENT

Hishamudin Yunus J:

This is an appeal by the defendant against the decision of the learned senior assistant registrar who had dismissed the defendant's interlocutory applicationvide encl. 18 to have the writ and statement of claim dismissed by reason of non-compliance with an order of the Court dated 3 August 2001.

The plaintiff is a bank registered in Thailand and having its business address in Bangkok. On 18 December 1999 the plaintiff commenced a writ action against the defendant claiming a sum of 448,000. On 20 March 2000 the defendant filed his statement of defence denying owing the plaintiff any money. On 18 April 2001, by way of summons in chambers, the defendant filed an application pursuant to O. 23 r. 1 of the Rules of the High Court seeking security for costs on the ground that the plaintiff is a foreign company. On 3 August 2001 the court pursuant to this application ordered the plaintiff to deposit a sum of RM30,000 into a fixed deposit account as security for costs on or before 3 September 2001. The pertinent portion of the draft order reads:

a) Plaintif yang dinamakan di atas memberi jaminan kos sebanyak RM30,000 ke dalam satu Akaun Simpanan Tetap dalam mas