RAVICHANTHIRAN A/L GANESAN (Menjalankan amalan guaman di Tetuan G.Ravi) 1. LEE KOK SUN (Menjalankan perniagaan milikan tunggal dengan nama dan gaya sebagai L &L Brother Engineering Services (No. Pendaftaran Perniagaan: 001958857-A) 2. L & L

RAVICHANTHIRAN A/L GANESAN (Menjalankan amalan guaman di Tetuan G.Ravi) 1. LEE KOK SUN (Menjalankan perniagaan milikan tunggal dengan nama dan gaya sebagai L &L Brother Engineering Services (No. Pendaftaran Perniagaan: 001958857-A) 2. L & L

Applicant failed to prove special circumstances or factual inability of Defendants to repay; COVID-19 Act arguments were not pleaded or supported by affidavit and statutory requirements of s7 were not established; monetary judgment is not ordinarily stayed; accordingly the stay application was dismissed but a limited conditional stay was granted by consent subject to payment terms.

Citation
JA-12BNCvC-3-02/2021 & JA-12BNCvC-4-02/2021 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Ravichanthiran A/L Ganesan; Respondent/defendant: Lee Kok Sun; Respondent/defendant: L & L Brother Engineering Services; Respondent/defendant: Shaik Saleem bin Shaik Mohd Daud
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 July 2021
Case Number
JA-12BNCvC-3-02/2021 & JA-12BNCvC-4-02/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs; conditional stay granted by consent subject to payment terms
Legal Topics
Stay of Execution, Appeal, Temporary Measures for Reducing the Impact of COVID 19 Act 2020, Inability to Perform Contractual Obligation, Exemplary and Punitive Damages, Costs
Source Language
Malay/English
Civil Procedure Contract Law Statutory Interpretation Stay of Execution Appeal Temporary Measures for Reducing the Impact of COVID 19 Act 2020 Inability to Perform Contractual Obligation Exemplary and Punitive Damages +1 more

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Parties

Ravichanthiran A/L Ganesan

Appellant/plaintiff

Lee Kok Sun

Respondent/defendant

L & L Brother Engineering Services

Respondent/defendant

Shaik Saleem bin Shaik Mohd Daud

Respondent/defendant

Procedural Posture

Civil Appeal From Sessions Court / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether special circumstances existed to justify a stay of execution pending appeal
  2. 2 Whether sections 7 and 10 of the COVID-19 Act prevented execution of the monetary judgment
  3. 3 Who bears the burden of proof and what that burden requires in a stay application

Ratio Decidendi

Applicant failed to prove special circumstances or factual inability of Defendants to repay; COVID-19 Act arguments were not pleaded or supported by affidavit and statutory requirements of s7 were not established; monetary judgment is not ordinarily stayed; accordingly the stay application was dismissed but a limited conditional stay was granted by consent subject to payment terms.

Court Disposition

Application dismissed with costs; conditional stay granted by consent subject to payment terms

Orders

  • Application for stay dismissed with costs in favour of Respondents
  • Conditional stay granted on terms that 50% of the judgment sum be paid to the Defendants and the remaining 50% be paid to the Defendants' solicitors to be held as stakeholders