1. ) WANG LEE FU 2. ) MARIANA CEN KIE 3. ) NG ZHI JANE 4. ) NG REN JEN 5. ) NG SWEE YUI 6. ) NG TECK CHUAN 7. ) WANG MEI SUN 8. ) POON KOON FOOK 9. ) WONG FOOK YIN 10. ) TAN CHOON LAN 11. ) JASMI BIN JALIL 12. ) LEE A BAH 13. ) PANG PEK NYO

1. ) WANG LEE FU 2. ) MARIANA CEN KIE 3. ) NG ZHI JANE 4. ) NG REN JEN 5. ) NG SWEE YUI 6. ) NG TECK CHUAN 7. ) WANG MEI SUN 8. ) POON KOON FOOK 9. ) WONG FOOK YIN 10. ) TAN CHOON LAN 11. ) JASMI BIN JALIL 12. ) LEE A BAH 13. ) PANG PEK NYO

The court exercised its discretion under Order 23(1) ROC and dismissed the security for costs applications because the plaintiffs demonstrated a bona fide claim with reasonably strong prima facie prospects of success based on Bank Negara blacklistings, contemporaneous news reports and evidential material, and because ordering security would be oppressive and would effectively stultify the action given the number and composition of foreign plaintiffs; foreign residence alone did not justify security.

Citation
WA-22NCC-346-08/2021 (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-346-08/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Commercial (security for Costs) / Interlocutory Application for Security for Costs Under Order 23
Outcome
Applications for security for costs dismissed
Legal Topics
Security for Costs, Order 23 ROC, Prima Facie Assessment, Foreign Plaintiffs, Constructive Trust, Fraud/pyramid Scheme Allegations
Source Language
Malay/English
Civil Procedure Commercial Law Trusts Criminal Law (related Allegations) Security for Costs Order 23 ROC Prima Facie Assessment Foreign Plaintiffs +2 more

Case Brief

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Parties

Ikeda Mari & 254 Others

Plaintiffs

Wang Lee Fu & 215 Others

Plaintiffs

Mface International Sdn Bhd & 6 Others

Defendants

Procedural Posture

Civil Commercial (security for Costs) / Interlocutory Application for Security for Costs Under Order 23

Legal Issues

  1. 1 Whether security for costs should be ordered against foreign plaintiffs under Order 23 Rule 1(1)(a) ROC
  2. 2 Whether the plaintiffs have a bona fide claim with reasonably good prospects of success
  3. 3 Whether ordering security would be oppressive or stultify the plaintiffs' action

Ratio Decidendi

The court exercised its discretion under Order 23(1) ROC and dismissed the security for costs applications because the plaintiffs demonstrated a bona fide claim with reasonably strong prima facie prospects of success based on Bank Negara blacklistings, contemporaneous news reports and evidential material, and because ordering security would be oppressive and would effectively stultify the action given the number and composition of foreign plaintiffs; foreign residence alone did not justify security.

Court Disposition

Applications for security for costs dismissed

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