11 Jul 2023
1. ) Berjaya Air Sdn Bhd 2. ) Chailease International Financial Services Co Ltd 1. ) Malaysia Airports Sdn Bhd 2. ) Civil Avation Authority of Malaysia
- Citation
- BA-22NCvC-110-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-110-03/2022 (Mahkamah Tinggi)
Because the 2nd Plaintiff is a BVI-incorporated foreign company with no evidence of assets or significant business in Malaysia and BVI is not a reciprocal enforcement jurisdiction, there is a real risk the 1st Defendant would be unable to recover costs if successful; the issues are not plain and obvious so merits were not probed; on assessment of likely costs and proportionality the court exercised its discretion under O.23 to order RM100,000 security for costs, with an alternative irrevocable undertaking from the 1st Plaintiff as substitute and costs of the application assessed at RM5,000.