Abdul Salam Asanaru Pillai v Nomanbhoy & Sons: Security for Costs Application

In the Singapore High Court, Justice Choo Han Teck granted Nomanbhoy & Sons Pte Ltd's application for security for costs against Abdul Salam Asanaru Pillai (trading as South Kerala Cashew Exporters) and Vallinayagam Dheenathayalavel, the plaintiff and second defendant by counterclaim respectively. The court cited the plaintiff's unreasonableness in interlocutory proceedings and the need to prevent further delays as reasons for ordering the security. The court ordered the plaintiff to provide $30,000 as security for costs.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Security for costs application granted.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court granted Nomanbhoy & Sons' application for security for costs against Abdul Salam Asanaru Pillai, citing the plaintiff's unreasonableness and the need to reduce further applications before trial.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Abdul Salam Asanaru Pillai (trading as South Kerala Cashew Exporters)PlaintiffIndividualSecurity for costs to be providedLost
Nomanbhoy & Sons Pte LtdDefendantCorporationSecurity for costs application grantedWon
Vallinayagam DheenathayalavelSecond DefendantIndividualSecurity for costs to be providedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Tan Teng MuanMallal & Namazie
Loh Li QinMallal & Namazie
Ng Hui MinRodyk & Davidson LLP
Derek Kang Yu HsienRodyk & Davidson LLP
Lawrence Teh Kee WeeRodyk & Davidson LLP
Jeannette LimRodyk & Davidson LLP
Sarbjit SinghLim & Lim
Suja SasidharanLim & Lim

4. Facts

  1. The defendant applied for security for costs against the plaintiff and second defendant by counterclaim.
  2. Both the plaintiff and the second defendant reside overseas.
  3. The trial was estimated to last 15 days.
  4. Numerous interlocutory applications had been heard.
  5. The plaintiff was deemed to be the more unreasonable party in causing delays.
  6. Neither party had a prima facie stronger claim on merits.

5. Formal Citations

  1. Abdul Salam Asanaru Pillai (trading as South Kerala Cashew Exporters) v Nomanbhoy & Sons Pte Ltd, Suit 97/2006, [2008] SGHC 48

6. Timeline

DateEvent
Suit filed (Suit 97/2006)
Interlocutory application filed (SUM 4826/2007)
Judgment issued

7. Legal Issues

  1. Security for Costs
    • Outcome: The court granted the defendant's application for security for costs against the plaintiff and second defendant.
    • Category: Procedural

8. Remedies Sought

  1. Security for costs

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Security for costs
  • Interlocutory applications
  • Overseas resident
  • Unreasonable conduct

15.2 Keywords

  • Security for costs
  • Singapore High Court
  • Civil Procedure
  • Interlocutory applications

17. Areas of Law

Area NameRelevance Score
Civil Practice95
Security for Costs90
Civil Procedure80
Jurisdiction20

16. Subjects

  • Civil Procedure
  • Litigation