CS LOGISTICS PTE. LTD. 1. ) CL AGRICULTURE TECHNOLOGY SDN. BHD. 2. ) LIEW WEI LEONG 3. ) LEW HAN LUN

CS LOGISTICS PTE. LTD. 1. ) CL AGRICULTURE TECHNOLOGY SDN. BHD. 2. ) LIEW WEI LEONG 3. ) LEW HAN LUN

Applying the non‑exhaustive factors in O.59 r.16(1) and comparing the case features with relevant authorities, the Court found the matter not complex, the trial not likely lengthy, and the counterclaim monetary value modest (SGD37,726 ≈ RM119,742). The defendants failed to justify the RM200,000/RM250,000 sums. Therefore RM30,000 ordered as security for costs is reasonable and the appeal against quantum is dismissed.

Citation
JA-B52NCC-192-08/2024 (Mahkamah Sesyen)
Parties
Plaintiff (main Suit) / Defendant (counterclaim): CS LOGISTICS PTE.LTD.; Defendant (main Suit) / Plaintiff (counterclaim): CL AGRICULTURE TECHNOLOGY SDN BHD; Defendant (main Suit) / Plaintiff (counterclaim): LIEW WEI LEONG; Defendant (main Suit) / Plaintiff (counterclaim): LIEW HAN LUN; Defendant (counterclaim): NG WENG KONG; Defendant (counterclaim): MAK CHUNG YEE; Defendant (counterclaim): LAU JI WAI, LYDIA; Defendant (counterclaim): LIN KAIXUAN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
1 October 2025
Case Number
JA-B52NCC-192-08/2024 (Mahkamah Sesyen)
Procedural Posture
Civil Security for Costs Application Arising From Counterclaim / Interlocutory Appeal on Quantum of Security for Costs
Outcome
Appeal dismissed; order for RM30,000 security for costs affirmed
Legal Topics
Security for Costs, Assessment of Costs, Order 59 Rule 16 ROC 2012, Quantum of Security, Use of Prior Authorities as Guidance
Source Language
Malay/English
Civil Procedure Security for Costs Company Law Contract Equity (trusts) Assessment of Costs Order 59 Rule 16 ROC 2012 Quantum of Security +1 more

Case Brief

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Parties

CS LOGISTICS PTE.LTD.

Plaintiff (main Suit) / Defendant (counterclaim)

CL AGRICULTURE TECHNOLOGY SDN BHD

Defendant (main Suit) / Plaintiff (counterclaim)

LIEW WEI LEONG

Defendant (main Suit) / Plaintiff (counterclaim)

LIEW HAN LUN

Defendant (main Suit) / Plaintiff (counterclaim)

NG WENG KONG

Defendant (counterclaim)

MAK CHUNG YEE

Defendant (counterclaim)

LAU JI WAI, LYDIA

Defendant (counterclaim)

LIN KAIXUAN

Defendant (counterclaim)

Procedural Posture

Civil Security for Costs Application Arising From Counterclaim / Interlocutory Appeal on Quantum of Security for Costs

Legal Issues

  1. 1 Whether the RM30,000 security for costs ordered is appropriate
  2. 2 Whether the higher amounts sought (RM200,000/RM250,000) are justified
  3. 3 Application of the factors in O.59 r.16 ROC 2012 to assess quantum

Ratio Decidendi

Applying the non‑exhaustive factors in O.59 r.16(1) and comparing the case features with relevant authorities, the Court found the matter not complex, the trial not likely lengthy, and the counterclaim monetary value modest (SGD37,726 ≈ RM119,742). The defendants failed to justify the RM200,000/RM250,000 sums. Therefore RM30,000 ordered as security for costs is reasonable and the appeal against quantum is dismissed.

Court Disposition

Appeal dismissed; order for RM30,000 security for costs affirmed

Orders

  • Appeal against quantum dismissed
  • Order dated 1 October 2025 requiring the 2nd plaintiff in the counterclaim to pay RM30,000 as security for costs is affirmed