LIM HING LONG 1. TAN EE 2. KASSIM BIN USOP 3. TAN KIYAM 4. TAN CHIN @ TAN CHIN TOH 5. TAN CHIN KHEAN 6. TAN CHOO 7. TAN KIM PAR @ TAN KAP 8. TAN NAI 9. TAN TIAM LOO 10. TAN TIAU SENG 11. TAN TOI @ TAN THOK 12. PENTADBIR TANAH DAERAH KECIL R
The court exercised its discretion: Enclosure 236 (3rd Defendant) met the threshold for maintaining status quo because enforcement risked prejudicing recovery of the property, but balanced against plaintiff's rights by requiring a RM100,000 security deposited with plaintiff's solicitors as stakeholder and costs in the cause; Enclosure 251 (12th and 13th Defendants) failed because applicants did not demonstrate special circumstances related to enforcement of the judgment (disciplinary proceedings against staff are separate and not a ground for stay), therefore that application was dismissed with no order as to costs.
- Citation
- 22NCVC-40-06/2016 (ENCLOSURE 251) (Mahkamah Tinggi)
- Parties
- Plaintiff: LIM HING LONG; Defendant: TAN EE; Defendant: KASSIM BIN USOP; Defendant: TAN KIYAM; Defendant: TAN CHIN @ TAN CHIN TOH; Defendant: TAN CHIN KHEAN; Defendant: TAN CHOO; Defendant: TAN KIM PAR @ TAN KAP; Defendant: TAN NAI; Defendant: TAN TIAM LOO; Defendant: TAN TIAU SENG; Defendant: TAN TOI @ TAN THOK; Defendant: PENTADBIR TANAH DAERAH KECIL RENGIT; Defendant: PENTADBIR PEJABAT TANAH DAERAH BATU PAHAT
- Court
- ENCLOSURE 251
- Jurisdiction
- Malaysia
- Judgment Date
- 27 May 2021
- Case Number
- 22NCVC-40-06/2016 (ENCLOSURE 251) (Mahkamah Tinggi)
- Procedural Posture
- Civil Suit / Application for Stay of Execution Pending Appeal (high Court Hearing on Stay)
- Outcome
- Enclosure 236: stay allowed subject to conditions; Enclosure 251: stay dismissed
- Legal Topics
- Stay of Execution, Special Circumstances, Nugatory Principle, Title Transfer Dispute, Caveat, Costs
- Source Language
- Malay/English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
LIM HING LONG
Plaintiff
TAN EE
Defendant
KASSIM BIN USOP
Defendant
TAN KIYAM
Defendant
TAN CHIN @ TAN CHIN TOH
Defendant
TAN CHIN KHEAN
Defendant
TAN CHOO
Defendant
TAN KIM PAR @ TAN KAP
Defendant
TAN NAI
Defendant
TAN TIAM LOO
Defendant
TAN TIAU SENG
Defendant
TAN TOI @ TAN THOK
Defendant
PENTADBIR TANAH DAERAH KECIL RENGIT
Defendant
PENTADBIR PEJABAT TANAH DAERAH BATU PAHAT
Defendant
Procedural Posture
Civil Suit / Application for Stay of Execution Pending Appeal (high Court Hearing on Stay)
Legal Issues
- 1 Whether a stay of execution should be granted pending the Court of Appeal appeal
- 2 Whether applicants discharged onus to show 'special circumstances' relating to enforcement of the judgment
- 3 Whether the appeal would be rendered nugatory if execution proceeded
Ratio Decidendi
The court exercised its discretion: Enclosure 236 (3rd Defendant) met the threshold for maintaining status quo because enforcement risked prejudicing recovery of the property, but balanced against plaintiff's rights by requiring a RM100,000 security deposited with plaintiff's solicitors as stakeholder and costs in the cause; Enclosure 251 (12th and 13th Defendants) failed because applicants did not demonstrate special circumstances related to enforcement of the judgment (disciplinary proceedings against staff are separate and not a ground for stay), therefore that application was dismissed with no order as to costs.
Court Disposition
Enclosure 236: stay allowed subject to conditions; Enclosure 251: stay dismissed
Orders
- Enclosure 236: Stay of execution granted pending appeal J-01(NCVC)(W)-282-06/2020 subject to deposit of RM100,000 into the Plaintiff's solicitors' client account as stakeholder; costs in the cause.
- Enclosure 251: Application for stay of execution dismissed; no order as to costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment