2 Feb 2024
1. ) TAN SEE MENG 2. ) TAN SEE NONG 3. ) LIM PECK HONG 4. ) SAWIT RAYA SDN. BHD. 5. ) KIAN HUAT OILMILLS SDN. BHD. ABLE OILS & FATS SDN BHD
- Citation
- W-02(IM)(NCC)-1240-07/2022 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(NCC)-1240-07/2022 (Mahkamah Rayuan)
Security for costs was ordered only against the Fourth and Fifth Appellants because credible evidence showed they were impecunious (Fourth under judicial management, Fifth dormant with land that may form part of disputed subject matter) and therefore likely unable to pay costs; the First to Third Appellants did not meet Order 23 thresholds and impecuniosity alone was insufficient to justify security against them; prior notice is not mandatory under s44 CJA and r17 RCA and RM50,000 in total was a fair and reasonable security for the three interlocutory appeals.