1. ) IKEDA MARI 2. ) MIN JONGSOON 3. ) ONISHI GEN 4. ) ZHU HAN JULIE 5. ) SHIMANUKI KIMIKO 6. ) AHN MIRI 7. ) AHN HYOWON 8. ) BAI HONGMEI 9. ) BAI JIANQIANG 10. ) CAI RUIHONG 11. ) CAI XIAOYAN 12. ) CAO JIZHEN 13. ) CAO KEQI 14. ) CAO YANME

1. ) IKEDA MARI 2. ) MIN JONGSOON 3. ) ONISHI GEN 4. ) ZHU HAN JULIE 5. ) SHIMANUKI KIMIKO 6. ) AHN MIRI 7. ) AHN HYOWON 8. ) BAI HONGMEI 9. ) BAI JIANQIANG 10. ) CAI RUIHONG 11. ) CAI XIAOYAN 12. ) CAO JIZHEN 13. ) CAO KEQI 14. ) CAO YANME

Applying the discretionary test in Order 23 Rule 1(1) ROC and the established factors, the court found the plaintiffs had a bona fide claim and a reasonably strong prima facie case based on pleadings and available evidence (Bank Negara blacklist, news reports, website AP records and related charges); granting security would be oppressive and would stultify the plaintiffs' action, therefore security for costs was refused.

Citation
WA-22NCC-326-07/2021 (Mahkamah Tinggi)
Parties
Plaintiffs: Ikeda Mari & 254 others; Plaintiffs: Wang Lee Fu & 215 others; Defendants: Mface International Sdn Bhd & 6 others
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 April 2022
Case Number
WA-22NCC-326-07/2021 (Mahkamah Tinggi)
Procedural Posture
Civil (commercial Division High Court of Malaya, Kuala Lumpur) / Interlocutory Application for Security for Costs Under Order 23 Rule 1(1)(a) Roc; Judgment on Application
Outcome
Application dismissed; costs in the cause.
Legal Topics
Security for Costs, Online Investment Scheme, Constructive Trust, Illegality, Anti Money Laundering, Consolidation/case Management
Source Language
Malay/English
Civil Procedure Commercial Law Fraud Company Law Criminal Law Security for Costs Online Investment Scheme Constructive Trust +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Ikeda Mari & 254 others

Plaintiffs

Wang Lee Fu & 215 others

Plaintiffs

Mface International Sdn Bhd & 6 others

Defendants

Procedural Posture

Civil (commercial Division High Court of Malaya, Kuala Lumpur) / Interlocutory Application for Security for Costs Under Order 23 Rule 1(1)(a) Roc; Judgment on Application

Legal Issues

  1. 1 Whether security for costs should be ordered under Order 23 Rule 1(1)(a) ROC against foreign plaintiffs
  2. 2 Whether plaintiffs being ordinarily resident outside jurisdiction justifies security as of right
  3. 3 Whether plaintiffs' claim is bona fide and has reasonable prospects of success

Ratio Decidendi

Applying the discretionary test in Order 23 Rule 1(1) ROC and the established factors, the court found the plaintiffs had a bona fide claim and a reasonably strong prima facie case based on pleadings and available evidence (Bank Negara blacklist, news reports, website AP records and related charges); granting security would be oppressive and would stultify the plaintiffs' action, therefore security for costs was refused.

Court Disposition

Application dismissed; costs in the cause.

Orders

  • Enclosure 18 of Suit WA-22NCC-326-07/2021 dismissed with costs in the cause
  • Enclosure 15 of Suit WA-22NCC-346-08/2021 dismissed with costs in the cause