KENSINGTON GROUP MANAGEMENT LIMITED v DATO CHEW HUN SENG PENCELAH 1. ) TAN SRI LEE KIM TIONG @ LEE KIM YEW 2. ) CHUA HEE BOON

ba-22ncc-71-04-2024 High Court (Mahkamah Tinggi) 6 March 2025 • BA-22NCC-71-04/2024 • 9 min read
12 cases cited (0 SG, 12 foreign)

Catchwords

The present matter relates to an application in Enclosure 47 by the Defendant (in the Main Action) for security for costs. The reliefs sought by the Defendant in Enclosure 47 are as follows: 1. The Plaintiff to pay RM250,000.00 as security for costs to the Defendant within 7 days from the date of order; 2. The proceedings to be stayed until the payment of RM250,000.00 is made; 3. The proceedings to be dismissed in the event the Plaintiff fails to pay RM250,000.00; 4. Costs to be paid by the Plaintiff to the Defendant. The key issue in this application is whether this is a proper case for this Court to exercise its discretion to invoke Order 23 of the Rules of Court 2012 and order the Plaintiff to provide security for costs.

Judges (1)

Choong Yeow Choy Delivered

Counsel (6)

Adrian & Co. Firm Bahari & Bahari Firm Andrian a/l Silvarajoo Counsel Plaintiff Mohd Amirfarid bin Mohd Nawawi Counsel Defendant Mohd Rizal Bahari bin Md. Noor Counsel Defendant Nur Amalina binti Mohamad Rosli Counsel Plaintiff

Parties (4)

KENSINGTON GROUP MANAGEMENT LIMITED Plaintiff Chua Hee Boon Intervener Dato Chew Hun Seng Defendant Tan Sri Lee Kim Tiong @ Lee Kim Yew Intervener

Case Significance

KENSINGTON GROUP MANAGEMENT LIMITED v DATO CHEW HUN SENG PENCELAH 1. ) TAN SR... is a High Court (Mahkamah Tinggi) decision dated March 6, 2025 (citation: ba-22ncc-71-04-2024). The case was decided by Choong Yeow Choy.

Key issues: The present matter relates to an application in Enclosure 47 by the Defendant (in the Main Action) for security for costs. The reliefs sought by the Defendant in Enclosure 47 are as follows:.

What was the outcome of KENSINGTON GROUP MANAGEMENT LIMITED v DATO CHEW HUN SENG PENCELAH 1. ) TAN SR...?

KENSINGTON GROUP MANAGEMENT LIMITED v DATO CHEW HUN SENG PENCELAH 1. ) TAN SR... is a High Court decision dated March 6, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.

Statutes Cited

Companies Act 2016 (Cap 777)
s 580A(1)
Rules of Court 2012

Cases Cited (12)

MY (12)
[1974] 1 MLJ 130 [1985] 2 MLRH 213 [1986] 2 MLJ 310 [2000] 4 CLJ 189 [2000] 6 MLJ 551 [2000] AMEJ 0168 [2009] MLJU 0697 [2010] 1 CLJ 470 [2013] 5 AMR 68 [2013] 5 MLJ 773 [2020] AMEJ 0296 [2020] MLJU 568

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncc-71-04-2024)