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Malaysia Case Law

Bankruptcy effect on litigation rights
  • 28 Feb 2024

    Ooi Yong Por 1. ) Yee Wooi Tiong 2. ) Jabatan Insolvensi Malaysia

    Citation
    KA-24NCvC-381-11/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-24NCvC-381-11/2022 (Mahkamah Tinggi)

    Given the plaintiff's declared bankruptcy (vesting of assets under s24(4) Insolvency Act 1967), his proven history of failing to comply with prior costs orders, and absence of credible evidence that the plaintiff can meet any future costs order, the court exercised its discretion under Order 23/Order 92 KKM 2012 to require security for costs. The lawful and proportionate order was RM30,000 payable to defendant's solicitors within 14 days, failing which the plaintiff's originating summons is dismissed without further order; costs of the application are costs in the cause.