Inter Formula (M) Sdn Bhd v Sierra Dynamics Sdn Bhd
Catchwords
1. The Appellant/Plaintiff’s main grievance arose from an Unless Order issued by the Sessions Court, requiring the payment of security for costs into court. As the Appellant/Plaintiff has since deposited the sum of RM20,000.00 as ordered, the Respondent/Defendant contended that the appeal has been rendered academic. However, this Court is inclined to agree with the Appellant/Plaintiff that the central issue, namely, whether it was proper for the Sessions Court to impose an Unless Order in the context of a security for costs application, remains a live and justiciable question. The Core Issues 2. This appeal raises two issues. The first concerns whether an order for security for costs ought to be granted. The second and more crucial issue is whether the Sessions Court’s order in paragraph (d), described by the Appellant/Plaintiff as “draconian”, is permissible within the context of a security for costs application.
Practice Areas
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (ba-12ancvc-13-04-2025)