YANG YANG v 1. ) E CHIA QI 2. ) YEW KEOK FONG 3. ) YEOH JING WEI 4. ) LIM KIM MING
12 cases cited
(1 SG, 11 foreign)
Catchwords
Security for Costs – The primary interlocutory remedy sought by all defendants – Ordinarily Resident Out of Jurisdiction – The foundational threshold requirement under Order 23 Rule 1(1)(a) ROC 2012 - Whether a foreign citizen holding a temporary, visa-dependent status (such as an MM2H or social visa) satisfy the definition of being "ordinarily resident out of the jurisdiction". Enforcement Risk – The practical danger of being unable to execute a domestic costs order in a foreign state – Discretionary Evaluation of Assets and Enforcement Risks – How should the Court exercise its judicial discretion when a foreign plaintiff possesses no independent, unencumbered local assets and resides in a non-REJA country – Reciprocating Country – The statutory status of a foreign nation under the Reciprocal Enforcement of Judgments Act 1958 (REJA). Res of the Dispute – Disputed property or shares being litigated that cannot double as a financial security. Overlapping Counterclaim – A defensive claim based on the same factual matrix that justifies reducing security quantum – Impact of a Counterclaim on the Quantum of Security – Whether should the court grant the full quantum of security requested if the defendants have filed a counterclaim arising from the exact same factual matrix and document (e.g., a Deed of Trust). Stifling a Claim – The oppressive effect of setting an overly high security quantum that effectively bars access to justice.
Judges (1)
Counsel (9)
Statutes Cited
Companies Act 2016 (Cap 777)
Rules of Court 2012
Cases Cited (12)
SLR (1)
[2004] 2 SLR(R) 427
MY (11)
[1986] 2 MLJ 310 [1999] 5 MLJ 663 [2008] MLJU 654 [2009] MLJU 430 [2011] MLJ 631 [2017] MLJU 1919 [2019] MLJU 146 [2020] MLJU 616 [2023] MLJU 1999 [2024] MLJU 475 [2025] MLJU 4770
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncc-839-12-2025)