(M1) 22-203-2006 (M3) 22-45-2008 (Mahkamah Tinggi)
The court exercised its discretion to grant a conditional stay to protect both the appellants' right to appeal and the judgment creditors' entitlement to the fruits of litigation: because the debtors had the means and had not been candid about finances, the court required immediate payment of RM2,500,000 (about 25% of the judgment) and deposit of the balance into a jointly-operated interest-bearing account to secure the judgment; failure to meet conditions causes automatic lapse of the stay.
- Citation
- (M1) 22-203-2006 (M3) 22-45-2008 (Mahkamah Tinggi)
- Parties
- Plaintiff (civil Suit No. (m1)22 203 2006); Defendant (civil Suit No. (m3)22 45 2008): Ling Peek Hoe; Plaintiff (civil Suit No. (m1)22 203 2006): Ling Boon Huat; Defendant (civil Suit No. (m1)22 203 2006): Ding Siew Ching; Defendant (civil Suit No. (m1)22 203 2006): Golden Star; Defendant (civil Suit No. (m1)22 203 2006); Plaintiff (civil Suit No. (m3)22 45 2008): Ding Toh Biew; Defendant (civil Suit No. (m1)22 203 2006); Plaintiff (civil Suit No. (m3)22 45 2008): Ding Toh Gien; Defendant (civil Suit No. (m1)22 203 2006); Plaintiff (civil Suit No. (m3)22 45 2008): Ding Toh Lei
- Court
- M1
- Jurisdiction
- Malaysia
- Judgment Date
- 13 April 2022
- Case Number
- (M1) 22-203-2006 (M3) 22-45-2008 (Mahkamah Tinggi)
- Procedural Posture
- Civil Suit (post Judgment on Damages; Applications for Stay of Execution) / Post Judgment: Applications for Stay of Execution Pending Appeal
- Outcome
- Conditional stay of execution granted subject to specified security and procedural conditions
- Legal Topics
- Stay of Execution, Conditional Stay, Security for Judgment, Assessment of Damages, Costs
- Source Language
- Malay/English
Case Brief
Summary, issues, holding and outcome
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Parties
Ling Peek Hoe
Plaintiff (civil Suit No. (m1)22 203 2006); Defendant (civil Suit No. (m3)22 45 2008)
Ling Boon Huat
Plaintiff (civil Suit No. (m1)22 203 2006)
Ding Siew Ching
Defendant (civil Suit No. (m1)22 203 2006)
Golden Star
Defendant (civil Suit No. (m1)22 203 2006)
Ding Toh Biew
Defendant (civil Suit No. (m1)22 203 2006); Plaintiff (civil Suit No. (m3)22 45 2008)
Ding Toh Gien
Defendant (civil Suit No. (m1)22 203 2006); Plaintiff (civil Suit No. (m3)22 45 2008)
Ding Toh Lei
Defendant (civil Suit No. (m1)22 203 2006); Plaintiff (civil Suit No. (m3)22 45 2008)
Procedural Posture
Civil Suit (post Judgment on Damages; Applications for Stay of Execution) / Post Judgment: Applications for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution of a monetary judgment pending appeal should be granted
- 2 What conditions and security are appropriate for a conditional stay
- 3 Whether the appellants' right of appeal would be rendered nugatory if stay refused
Ratio Decidendi
The court exercised its discretion to grant a conditional stay to protect both the appellants' right to appeal and the judgment creditors' entitlement to the fruits of litigation: because the debtors had the means and had not been candid about finances, the court required immediate payment of RM2,500,000 (about 25% of the judgment) and deposit of the balance into a jointly-operated interest-bearing account to secure the judgment; failure to meet conditions causes automatic lapse of the stay.
Court Disposition
Conditional stay of execution granted subject to specified security and procedural conditions
Orders
- Stay of execution of the Judgment on Damages granted conditional on specified payments and deposits
- Immediate payment of RM2,500,000 to the judgment creditors through their solicitors to be made jointly or severally by the judgment debtors by 12 noon on 20 April 2022
Full Case Text
Judgment text and source record
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