5 May 2025
Nautilus Tug & Towage Sdn. Bhd. 1. ) Dato Sri Suresh Emmanuel Abishegam 2. ) Dato Ahmad Johari Bin Abdul Razak 3. ) Ajaib Hari Dass 4. ) Dato Abd Latiff Bin Ahmad 5. ) Jaya Sudhir A/L Jayaram 6. ) Mak Lin Kum 7. ) Ahmad Lutfi Bin Abd Latiff
- Citation
- WA-22NCC-403-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-403-06/2024 (Mahkamah Tinggi)
The application for security for costs against Timor was dismissed because Order 23 of the Rules of Court 2012 permits security only against the named plaintiff and does not extend to non‑parties such as an applicant who merely obtained leave to bring a derivative action; no exceptional circumstances or impropriety were proven to justify invoking the Court's power to make a non‑party costs order and the proper forum to seek security in respect of the derivative action was the court that granted leave under s350 Companies Act 2016.