5 May 2025
Nautilus Tug & Towage Sdn. Bhd. 1. ) Dato Sri Suresh Emmanuel Abishegam 2. ) Dato Ahmad Johari Bin Abdul Razak 3. ) Ajaib Hari Dass 4. ) Dato Abd Latiff Bin Ahmad 5. ) Jaya Sudhir A/L Jayaram 6. ) Mak Lin Kum 7. ) Ahmad Lutfi Bin Abd Latiff
- Citation
- WA-22NCC-403-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-403-06/2024 (Mahkamah Tinggi)
The application is dismissed because Order 23 permits security for costs only against the named plaintiff in the proceedings and Timor is not the named plaintiff but a derivative litigant; defendants failed to show exceptional circumstances necessary to impose personal liability on a non-party; any application regarding Timor's liability or security should have been pursued before the court that granted leave under Companies Act s350; therefore security against Timor is not just in the circumstances and the application fails.