23 May 2023
PERBADANAN PENGURUSAN CITY PLAZA SIGMA ELEVATOR (M) SDN BHD
- Citation
- J-02(C)(A)-2437-12/2021 (Mahkamah Rayuan)
- Court
- C
- Case number
- J-02(C)(A)-2437-12/2021 (Mahkamah Rayuan)
Court of Appeal allowed the Defendant’s appeal and set aside the High Court’s security for costs order because the learned Judicial Commissioner legally erred by failing to consider relevant matters—specifically the Defendant’s arbitration claim, its bona fides and prospects of success—which are material to an order for security for costs; therefore the exercise of discretion was wrong and the arbitral proceedings shall continue; costs RM5,000 awarded to Defendant.