MAA CREDIT BERHAD 1. ) BEST BIRDNEST SDN BHD 2. ) GREENPOWER VALUE SDN BHD 3. ) DATUK LIM SUE BENG 4. ) LEE SIAH SIAN @ LEE HAY MN

MAA CREDIT BERHAD 1. ) BEST BIRDNEST SDN BHD 2. ) GREENPOWER VALUE SDN BHD 3. ) DATUK LIM SUE BENG 4. ) LEE SIAH SIAN @ LEE HAY MN

Defendants failed to demonstrate special circumstances for an unconditional stay; balancing interests, a conditional stay protecting both parties is appropriate; accordingly the court granted a stay of execution pending disposal of the appeals provided the defendants jointly or severally deposit the principal judgment sum of RM31,776,003.47 with the 1st defendant's solicitors as stakeholders within 14 days, preserving plaintiff's right to recover if appeals fail while protecting defendants during appeal.

Citation
WA-22NCC-183-04/2023 (Mahkamah Tinggi)
Parties
Plaintiff: MAA CREDIT BERHAD; 1st Defendant: BEST BIRDSNEST SDN BHD; 2nd Defendant: GREENPOWER VALUE SDN BHD; 3rd Defendant: DATUK LIM SUE BENG; 4th Defendant: LEE SIAH SIAN @ LEE HAY HIAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 May 2024
Case Number
WA-22NCC-183-04/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Summary Judgment and Stay of Execution / Post Judgment: Stay Application Pending Appeal (high Court Granted Conditional Stay)
Outcome
Applications allowed in part; conditional stay of execution granted pending disposal of appeals
Legal Topics
Stay of Execution, Summary Judgment, Moneylending Regulations, Guarantee, Third Party Charge, Interest on Judgment
Source Language
Malay/English
Civil Procedure Banking and Finance Contract Law Security and Charges Stay of Execution Summary Judgment Moneylending Regulations Guarantee +2 more

Case Brief

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Parties

MAA CREDIT BERHAD

Plaintiff

BEST BIRDSNEST SDN BHD

1st Defendant

GREENPOWER VALUE SDN BHD

2nd Defendant

DATUK LIM SUE BENG

3rd Defendant

LEE SIAH SIAN @ LEE HAY HIAN

4th Defendant

Procedural Posture

Civil Summary Judgment and Stay of Execution / Post Judgment: Stay Application Pending Appeal (high Court Granted Conditional Stay)

Legal Issues

  1. 1 Whether special circumstances exist to justify a stay of execution pending appeal
  2. 2 Whether the appellants will suffer irreparable harm if stay is refused
  3. 3 Whether the merits of the appeal are relevant to stay applications

Ratio Decidendi

Defendants failed to demonstrate special circumstances for an unconditional stay; balancing interests, a conditional stay protecting both parties is appropriate; accordingly the court granted a stay of execution pending disposal of the appeals provided the defendants jointly or severally deposit the principal judgment sum of RM31,776,003.47 with the 1st defendant's solicitors as stakeholders within 14 days, preserving plaintiff's right to recover if appeals fail while protecting defendants during appeal.

Court Disposition

Applications allowed in part; conditional stay of execution granted pending disposal of appeals

Orders

  • Stay of execution pending disposal of appeals granted on condition that the defendants jointly or severally deposit the principal judgment sum of RM31,776,003.47 with the 1st Defendant's solicitors as stakeholders within 14 days
  • No order as to costs