Mohammed Shabaz Khan v 1. ) Crest Worldwide Resources Sdn Bhd (In Liquidation) 2. ) Shamir Kumar Nandy

wa-24ncvc-4976-12-2024 High Court (Mahkamah Tinggi) 1 December 2025 • WA-24NCvC-4976-12/2024 • 28 min read

7 cases cited (0 SG, 7 foreign)

Catchwords

Civil Procedure — Security for Costs — Order 23, rule 1, Rules of Court 2012 — Plaintiff ordinarily resident out of jurisdiction — Two-stage inquiry — Whether threshold condition satisfied — Exercise of judicial discretion — Factors to be considered — Plaintiff's assets within jurisdiction — Whether property subject to litigation constitutes sufficient security — Security ordered in reduced amount Company Law — Winding up — Defendant company in liquidation — Second defendant as former managing director — Concession of claim — Whether claim against second defendant academic — Claim for damages remains live — Exposure to legal costs Contract — Sale and Purchase Agreement — Dispute over ownership of property — Consent judgment — Subsequent sale by vendor to third party — Plaintiff seeking declaration of ownership and damages — Whether plaintiff's claim against second defendant sufficiently strong to refuse security Equity — Discretion of the Court — Security for costs — "Having regard to all the circumstances of the case" — Proportionality of security ordered — Amount of security to reflect nature and scope of remaining claim against defendant

Practice Areas

Civil Procedure Company Law Contract

Judges (1)

Moh Kok Wai Delivered

Counsel (8)

Lee Hishammuddin Allen & Gledhill Firm Tan Ah Lak & Co Firm Teja Singh Penesar & Co Firm Chew Sue Peng Counsel Defendant Jeremy Tan Counsel Plaintiff Mong Chung Seng Counsel Defendant Sebastian Lai Yi Kang Counsel Defendant Sudesh Singh Counsel Defendant

Parties (3)

Crest Worldwide Resources Sdn Bhd (In Liquidation) Respondent Mohammed Shabaz Khan Applicant Shamir Kumar Nandy Respondent

Case Significance

Mohammed Shabaz Khan v 1. ) Crest Worldwide Resources Sdn Bhd (In Liquidation... is a High Court (Mahkamah Tinggi) decision dated December 1, 2025 (citation: wa-24ncvc-4976-12-2024). The case was decided by Moh Kok Wai.

What was the outcome of Mohammed Shabaz Khan v 1. ) Crest Worldwide Resources Sdn Bhd (In Liquidation...?

Mohammed Shabaz Khan v 1. ) Crest Worldwide Resources Sdn Bhd (In Liquidation... is a High Court decision dated December 1, 2025. The case was heard by Moh Kok Wai. See the full judgment for details.

Statutes Cited

Rules of Court 2012

Cases Cited (7)

UK (1)

[1990] 3 All ER 376

MY (6)

[2000] 1 MLJ 1 [2012] 1 MLJ 761 [2012] 2 CLJ 16 [2014] 4 MLJ 478 [2024] 6 MLRH 13 [2025] MLJU 1130

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24ncvc-4976-12-2024)