203

AFFIDAVIT by defendant in support of application

for security1

[5855]

(Heading as in Form 1)

I, CD of (state residence or workplace, and occupation or, if none,

description), [swear or make oath] and say as follows:

1. [(If appropriate) I have the conduct of this action on

behalf of the Defendant [under the supervision of my principal]].
2. Here state details of the circumstances which gave rise to
the application:

Either:
[The Plaintiff is and at the date of the writ was residing at
(address), and not at (address).

Or:
The Plaintiff was at the date of the writ residing at (address), but
now resides at (address), and I verily believe that he has changed
his address to evade the consequences of this proceedings.

Or:
The Plaintiff has no interest in the subject matter of the claim in
this action but is merely a nominal Plaintiff on behalf of VW.

Or:
The Plaintiff is a limited liability company and if successful in the
litigation would be unable to pay the Defendant’s costs thereof.
On the _________ day of _________ 20___ [the Plaintiff
company went into voluntary winding-up or a compulsory
winding-up was made on the Plaintiff company on the grounds of
insolvency].]

3. Here state the statement showing stage which has been

reached in proceedings:
[The Statement of Claim was served on the _________ day of
_________ 20___ or No Statement of Claim has yet been served
or as the case may be].

4. Here state the particulars of the request for security:

[I or My solicitor] requested security in a letter dated the
_________ day of _________ 20___ addressed to the Plaintiff’s
solicitors but the request has [not been complied with or been
refused]. There is now produced and shown to me marked ‘CD-1’
a bundle comprising the relevant correspondence passing
between the parties’ respective solicitors].
5. There is now produced and shown to me marked ‘CD-2’ a
detailed and itemised account prepared by [me or my solicitor] of
the costs, including counsel’s fees which (a) have been incurred
up to the [date of the request for security or stage which has
been reached in the proceedings] and (b) which it is estimated
will be incurred in the future conduct of the action on [my or the
Defendant’s] behalf.
6. Accordingly, I respectfully request that the Plaintiff be
ordered to provide security for my costs of the action in the sum
of RM______ and that pending the provision of such security the
action be stayed.

[Sworn or Affirmed] on the _____ ) (Deponent’s

signature)
day of _____ 20___ at ____ )
[(Through the interpretation of (name))] )
Before me

(Signature)
Commisioner for Oaths

This Affidavit is filed by (name) [solicitors for] the Defendant,

whose address for service is at (address).

1 See VI [5234] for a discussion on the application for security for

costs. See VI [5853] (Form 202) for the notice of application.