LIM SIM EE 1. ) DSI NORTHERN SOURCE SDN BHD 2. ) LOO SAY HOCK 3. ) Datuk Ng Kwok Siong

LIM SIM EE 1. ) DSI NORTHERN SOURCE SDN BHD 2. ) LOO SAY HOCK 3. ) Datuk Ng Kwok Siong

Plaintiff is a Singapore citizen who failed to provide credible evidence of ordinary residence in Malaysia or ownership of assets within the jurisdiction and failed to prove financial capacity to meet potential costs; exercising the Court's discretion under Order 23 r.1 ROC 2012 it is just to order security for...

Source-derived case information.

Citation
BA-22NCC-61-05/2022 (Mahkamah Tinggi)
Parties
Plaintiff: LIM SIM EE; Defendant: DSI NORTHERN SOURCE SDN BHD; Defendant: LOO SAY HOCK
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 August 2023
Case Number
BA-22NCC-61-05/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Shareholder Oppression / Interlocutory Security for Costs Application
Outcome
Defendants' application for security for costs allowed
Legal Topics
Security for Costs, Oppressive Conduct, Ordinary Residence, Reciprocal Enforcement
Civil Procedure Company Law Costs Enforcement of Judgments Security for Costs Oppressive Conduct Ordinary Residence Reciprocal Enforcement

Source-derived case record

Summary, issues, holding and outcome

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Parties

LIM SIM EE

Plaintiff

DSI NORTHERN SOURCE SDN BHD

Defendant

LOO SAY HOCK

Defendant

Procedural Posture

Civil Shareholder Oppression / Interlocutory Security for Costs Application

Legal Issues

  1. 1 Whether the Plaintiff is ordinarily resident within the jurisdiction
  2. 2 Whether it is just to order security for costs under Order 23 rule 1 ROC 2012
  3. 3 Appropriate quantum of security for costs

Ratio Decidendi

Plaintiff is a Singapore citizen who failed to provide credible evidence of ordinary residence in Malaysia or ownership of assets within the jurisdiction and failed to prove financial capacity to meet potential costs; exercising the Court's discretion under Order 23 r.1 ROC 2012 it is just to order security for costs of RM40,000 payable within 21 days, failing which the suit will be dismissed, and defendants awarded costs of RM5,000.

Court Disposition

Defendants' application for security for costs allowed

Orders

  • Plaintiff ordered to pay security for costs of RM40000 within 21 days from date of order
  • Failure to pay the security within 21 days will result in dismissal of the Plaintiff's suit