13 Feb 2024
SIT KIM HUNG RONNIE 1. ) IAN MICHAEL HAMPTON 2. ) TETUAN FAUZI NGAH & NEASA
- Citation
- WA-23NCvC-1-01/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-23NCvC-1-01/2023 (Mahkamah Tinggi)
The application for security for costs was dismissed because the Plaintiff was found to be ordinarily resident in Malaysia (so O.23 r.1(a) did not apply) and, even if treated as foreign, the court would nevertheless refuse security after considering all circumstances: the Plaintiff's claim is bona fide (Divorce Decree set aside), the application was potentially oppressive, and there exist matrimonial assets and avenues for enforcement (including reciprocal enforcement in Hong Kong) that mitigate the defendant's risk of non-recovery of costs.