1. Executive Jets Asia Inc. (No. Syarikat: LL12088) 2. Executive Jets Asia Sdn. Bhd. (No. Syarikat: 906163-P) Medex Aero Pty Ltd (No. Syarikat Australia: 625719191)

1. Executive Jets Asia Inc. (No. Syarikat: LL12088) 2. Executive Jets Asia Sdn. Bhd. (No. Syarikat: 906163-P) Medex Aero Pty Ltd (No. Syarikat Australia: 625719191)

Security for costs was justified and ordered because the appellant is ordinarily resident outside Malaysia, failed to show assets within jurisdiction, Australia is not covered by the Malaysian reciprocal enforcement regime which increases risk and cost of enforcing any costs order abroad, and filing a counter‑claim or submission to jurisdiction did not negate the applicant's entitlement to security.

Citation
JA-22NCvC-96-07/2020 (Mahkamah Tinggi)
Parties
1st Plaintiff (main Suit); 1st Defendant (counter Claim); Respondent in Security Application: EXECUTIVE JETS ASIA INC.; 2nd Plaintiff (main Suit); 2nd Defendant (counter Claim): EXECUTIVE JETS ASIA Sdn. Bhd.; Defendant (main Suit); Plaintiff (counter Claim); Appellant on Appeal: MEDEX AERO Pty. Ltd.; 3rd Defendant (counter Claim): PRITHPAL SINGH SANDU
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 May 2021
Case Number
JA-22NCvC-96-07/2020 (Mahkamah Tinggi)
Procedural Posture
Civil: Breach of Contract, Fraud, Tort of Deceit and Counter Claim / Appeal Against Interlocutory Order Granting Security for Costs (order Dated 11.5.2021)
Outcome
Appeal dismissed; impugned order for security for costs of 11.5.2021 upheld
Legal Topics
Security for Costs, Service Out of Jurisdiction, Reciprocal Enforcement of Judgments, Enforcement of Costs, Counter Claim
Source Language
Malay/English
Civil Procedure Contract Tort International Enforcement Security for Costs Service Out of Jurisdiction Reciprocal Enforcement of Judgments Enforcement of Costs +1 more

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Parties

EXECUTIVE JETS ASIA INC.

1st Plaintiff (main Suit); 1st Defendant (counter Claim); Respondent in Security Application

EXECUTIVE JETS ASIA Sdn. Bhd.

2nd Plaintiff (main Suit); 2nd Defendant (counter Claim)

MEDEX AERO Pty. Ltd.

Defendant (main Suit); Plaintiff (counter Claim); Appellant on Appeal

PRITHPAL SINGH SANDU

3rd Defendant (counter Claim)

Procedural Posture

Civil: Breach of Contract, Fraud, Tort of Deceit and Counter Claim / Appeal Against Interlocutory Order Granting Security for Costs (order Dated 11.5.2021)

Legal Issues

  1. 1 Whether security for costs should be ordered under Order 23 r.1(1)(a) where plaintiff is ordinarily resident out of jurisdiction
  2. 2 Whether the appellant has assets within the jurisdiction
  3. 3 Whether non‑inclusion of Australia in Reciprocal Enforcement of Judgements Act 1958 justifies security

Ratio Decidendi

Security for costs was justified and ordered because the appellant is ordinarily resident outside Malaysia, failed to show assets within jurisdiction, Australia is not covered by the Malaysian reciprocal enforcement regime which increases risk and cost of enforcing any costs order abroad, and filing a counter‑claim or submission to jurisdiction did not negate the applicant's entitlement to security.

Court Disposition

Appeal dismissed; impugned order for security for costs of 11.5.2021 upheld

Orders

  • Order dated 11.5.2021 (Encl. 41) requiring the appellant to provide security for costs is maintained
  • Appellant required to give security for costs in accordance with the terms specified in the Order dated 11.5.2021