JN SAF INDUSTRIES (M) SDN. BHD. 1. ) YUKEN INDUSTRIAL SDN. BHD. (dahulunya dikenali sebagai YUKEN PREFAB STEEL SDN. BHD.) 2. ) Lu Huiming ( Kedua Dalam Tuntutan Balasa)

JN SAF INDUSTRIES (M) SDN. BHD. 1. ) YUKEN INDUSTRIAL SDN. BHD. (dahulunya dikenali sebagai YUKEN PREFAB STEEL SDN. BHD.) 2. ) Lu Huiming ( Kedua Dalam Tuntutan Balasa)

The court exercised its discretion under Order 23 rule 1(1) Rules of Court 2012 and concluded that credible evidence showed the plaintiff company is controlled by a sole director ordinarily resident outside the jurisdiction and there is a real risk of inability to recover costs; accordingly it was just to order security for costs of RM100,000 to be deposited by the plaintiff by the specified date and to award costs in the cause.

Citation
BA-22NCvC-338-08/2024 (Mahkamah Tinggi)
Parties
Plaintiff (original); Defendant (counterclaim): JN SAF INDUSTRIES (M) SDN BHD; Defendant (original); Plaintiff (counterclaim): YUKEN INDUSTRIAL SDN BHD; Defendant (counterclaim): LU, HUIMING
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 September 2025
Case Number
BA-22NCvC-338-08/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Security for Costs Application Arising From Lease Dispute / Interlocutory Application Pre Trial (security for Costs Ordered)
Outcome
Application for security for costs granted.
Legal Topics
Security for Costs, Repudiation of Lease, Service of Process/address for Service, Counterclaim, Enforcement/jurisdiction
Source Language
Malay/English
Civil Procedure Contract Property Landlord and Tenant Security for Costs Repudiation of Lease Service of Process/address for Service Counterclaim +1 more

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Parties

JN SAF INDUSTRIES (M) SDN BHD

Plaintiff (original); Defendant (counterclaim)

YUKEN INDUSTRIAL SDN BHD

Defendant (original); Plaintiff (counterclaim)

LU, HUIMING

Defendant (counterclaim)

Procedural Posture

Civil Security for Costs Application Arising From Lease Dispute / Interlocutory Application Pre Trial (security for Costs Ordered)

Legal Issues

  1. 1 Whether security for costs should be ordered under Order 23 rule 1(1) ROC 2012
  2. 2 Whether the plaintiff is ordinarily resident out of jurisdiction (sole director domiciled abroad)
  3. 3 Whether the plaintiff is a nominal/proxy company and impecunious

Ratio Decidendi

The court exercised its discretion under Order 23 rule 1(1) Rules of Court 2012 and concluded that credible evidence showed the plaintiff company is controlled by a sole director ordinarily resident outside the jurisdiction and there is a real risk of inability to recover costs; accordingly it was just to order security for costs of RM100,000 to be deposited by the plaintiff by the specified date and to award costs in the cause.

Court Disposition

Application for security for costs granted.

Orders

  • Plaintiff (JN Saf Industries (M) Sdn Bhd) to deposit RM100000.00 as security for costs into the solicitors' client account of Yuken Industrial Sdn Bhd (held in trust) on or before 29-9-2025.
  • Prayers/relief in paragraph (3) Kand. 26 are allowed.