MD SYUKOR FAIRUS BIN MOHD 1. ) MOHD SUFIAN BIN TAIB 2. ) BANK SIMPANAN NASIONAL BERHAD

MD SYUKOR FAIRUS BIN MOHD 1. ) MOHD SUFIAN BIN TAIB 2. ) BANK SIMPANAN NASIONAL BERHAD

The application for stay was dismissed because it was academic and procedurally defective (notice and affidavit sought stay pending High Court when that appeal had been dismissed) and the applicant failed to establish the special circumstances required to justify a stay under established authority (Kosma).

Source-derived case information.

Citation
TA-B52NCvC-18-11/2019 (Mahkamah Sesyen)
Parties
Plaintiff: MD SYUKOR FAIRUS BIN MOHD; Defendan Pertama: MOHD SUFIAN BIN TAIB; Defendan Kedua: BANK SIMPANAN NASIONAL
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 August 2023
Case Number
TA-B52NCvC-18-11/2019 (Mahkamah Sesyen)
Procedural Posture
Civil Suit Application to Suspend Execution of Judgment Pending Appeal / Application for Stay of Execution (interim Application)
Outcome
Application dismissed
Legal Topics
Stay of Execution, Appeal, Vicarious Liability, Breach of Banking Contract, Damages
Civil Procedure Banking Law Contract Law Tort Law Stay of Execution Appeal Vicarious Liability Breach of Banking Contract +1 more

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Parties

MD SYUKOR FAIRUS BIN MOHD

Plaintiff

MOHD SUFIAN BIN TAIB

Defendan Pertama

BANK SIMPANAN NASIONAL

Defendan Kedua

Procedural Posture

Civil Suit Application to Suspend Execution of Judgment Pending Appeal / Application for Stay of Execution (interim Application)

  1. 1 Whether the application for stay of execution should be granted pending disposal of appeal
  2. 2 Whether the application is academic due to prior disposition of appeal
  3. 3 Whether applicant demonstrated special circumstances to justify a stay

Ratio Decidendi

The application for stay was dismissed because it was academic and procedurally defective (notice and affidavit sought stay pending High Court when that appeal had been dismissed) and the applicant failed to establish the special circumstances required to justify a stay under established authority (Kosma).

Court Disposition

Application dismissed

Orders

  • Application for stay of execution dismissed
  • Defendan Kedua to pay costs of RM3000.00 to Plaintiff