Avoiding Security For Costs

Here are some notable Malaysian legal precedents regarding security for costs involving foreign plaintiffs:
- Aero-Gate Sdn Bhd v. LIAF Marketing Sdn Bhd & Anor [*] * CLJ *: This case discusses the discretion of the court in ordering security for costs.
- Tio Chee Hing v. Chung Khiaw Bank Ltd [*] * MLJ *: This case outlines considerations such as the financial status of the plaintiff and potential injustice.
- Chong Wan Yen v. Ng Chong Teck [*] * CLJ *: The court deliberated on the merits of the case and the fairness of requiring security.
Would you like more information on a specific case or principle?

In your situation, it's important to highlight the plaintiff's financial status and the merits of the case to potentially avoid the requirement for security for costs. It appears that the plaintiff's joblessness and lack of income are directly caused by the defendants, which might strengthen the case against ordering security for costs.
Would you like further details on how to present this information effectively to the court?

To present this information effectively to the court, consider the following steps:
- Affidavit: Prepare an affidavit detailing the plaintiff's financial hardship and joblessness, emphasizing that it is caused by the defendants.

- Merits of the Case: Clearly outline the merits of your case, showing that the plaintiff has a strong likelihood of success.
- Precedents: Cite relevant case laws like the ones mentioned earlier, demonstrating how similar circumstances led to the waiver of security for costs.
Would you like assistance in drafting the affidavit or understanding more about the relevant case laws?

Sure, here are more details on the relevant case laws:
- Aero-Gate Sdn Bhd v. LIAF Marketing Sdn Bhd & Anor [*] * CLJ *:
- This case discusses the court's discretion in ordering security for costs, considering the plaintiff's financial position and the case's merits.
- Tio Chee Hing v. Chung Khiaw Bank Ltd [*] * MLJ *:
- This case highlights factors such as the plaintiff's financial status and potential injustice if security for costs is ordered, emphasizing fairness and the likelihood of success.
- Chong Wan Yen v. Ng Chong Teck [*] * CLJ *:
- The court in this case considered the merits and fairness of requiring security, focusing on the reasons for the plaintiff's financial hardship caused by the defendants.
Would you like more specific guidance on how to use these precedents in your affidavit?

Case Rating: *
Sure, here's a draft reply to submissions on the same:
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Reply to Submissions
Plaintiff: [Your Name]
Defendant: [Defendant's Name]
Case No: [Case Number]
*. Introduction
- This reply addresses the defendant's submission concerning the requirement for security for costs.
*. Financial Hardship
- The plaintiff is currently jobless and without any means of income. This financial hardship is directly attributable to the actions of the defendants.
*. Discretion of the Court
- Referencing *Order * Rule * of the Rules of Court **, the court has the discretion to waive security for costs. This discretion should be exercised in favor of the plaintiff due to the following compelling reasons:
*. Relevance of Case Law
- *Aero-Gate Sdn Bhd v. LIAF Marketing Sdn Bhd & Anor [*] * CLJ **: The court considered the financial position of the plaintiff and the merits of the case.
- *Tio Chee Hing v. Chung Khiaw Bank Ltd [*] * MLJ279*: The court emphasized fairness, the plaintiff's financial status, and the potential injustice of ordering security for costs.
- *Chong Wan Yen v. Ng Chong Teck [*] * CLJ **: The court deliberated on the merits of the case and the fairness of requiring security, especially when financial hardship is caused by the defendants.
*. Merits of the Case
- The plaintiff's case has strong merits and a high likelihood of success. The plaintiff's financial hardship should not hinder their ability to pursue justice.
*. Conclusion
- Given the plaintiff's dire financial situation caused by the defendants and the strong merits of the case, it is respectfully submitted that the requirement for security for costs should be waived.
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Would you need further assistance with any specific part of the draft, or any additional details?