1. ISMAIL BIN SUID 2. NORLIZA BINTI OTHMAN 1. WAN NADZIM BIN WAN MOHD NORI 2. MAZLINDA BINTI MAKHZAN

1. ISMAIL BIN SUID 2. NORLIZA BINTI OTHMAN 1. WAN NADZIM BIN WAN MOHD NORI 2. MAZLINDA BINTI MAKHZAN

The court exercised its discretionary power to grant a conditional stay to preserve fairness and the status quo where sufficient grounds existed to justify a limited stay; accordingly the stay was granted subject to RM70,000 being paid into the respondents' solicitors' client account within 30 days to protect the successful party's interests pending the appeal.

Citation
JB-12BNCVC-6-07/2019 (Mahkamah Tinggi)
Parties
Appellants: ISMAIL BIN SUID & NORLIZA BINTI OTHMAN; Respondents: WAN NADZIM BIN WAN MOHD NORI & MAZLINDA BINTI MAKHZAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 February 2021
Case Number
JB-12BNCVC-6-07/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Interlocutory Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted conditionally
Legal Topics
Stay of Execution, Special Circumstances, Nugatoriness, Costs, Damages
Source Language
Malay/English
Civil Procedure Professional Negligence Appeals Equity Stay of Execution Special Circumstances Nugatoriness Costs +1 more

Case Brief

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Parties

ISMAIL BIN SUID & NORLIZA BINTI OTHMAN

Appellants

WAN NADZIM BIN WAN MOHD NORI & MAZLINDA BINTI MAKHZAN

Respondents

Procedural Posture

Civil Appeal / Interlocutory Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal
  2. 2 Whether the applicants have demonstrated 'special circumstances' to justify stay
  3. 3 Whether enforcement of judgment would render the appeal nugatory

Ratio Decidendi

The court exercised its discretionary power to grant a conditional stay to preserve fairness and the status quo where sufficient grounds existed to justify a limited stay; accordingly the stay was granted subject to RM70,000 being paid into the respondents' solicitors' client account within 30 days to protect the successful party's interests pending the appeal.

Court Disposition

Stay of execution granted conditionally

Orders

  • Stay of execution of the High Court decision granted on condition that RM70,000 be paid into the Respondents' Solicitors' Clients Account to be held in trust pending the hearing of the appeal, to be paid within 30 days from date of this decision