1. SEE CHOO PHAN 2. SEE CHU GEK 3. SEE CHOO PHAN (as Trustees of the Estate of the Deceased See Kim Keock, according to the Letter for Probate in the High Court Muar Originating Summons No. 32NCvC-96-05/2015 dated 30.6.2015) 4. SEE CHU GEK

1. SEE CHOO PHAN 2. SEE CHU GEK 3. SEE CHOO PHAN (as Trustees of the Estate of the Deceased See Kim Keock, according to the Letter for Probate in the High Court Muar Originating Summons No. 32NCvC-96-05/2015 dated 30.6.2015) 4. SEE CHU GEK

The court exercised its unfettered discretion to grant a stay of execution pending disposal of the appeal but only on specific protective terms: preservation of status quo for immovable and other assets, and a ring‑fenced bank guarantee of RM700,000 to be furnished by the defendants within 21 days; breach to attract contempt — because these terms adequately protect the plaintiffs' entitlement while preventing the appeal from being rendered nugatory.

Citation
JB-22NCVC-66-10/2019 (ENCLOSURE 61) (Mahkamah Tinggi)
Parties
1st Plaintiff: See Choo Phan; 2nd Plaintiff: See Chu Gek; 3rd Plaintiff (trustee of Estate of the Deceased See Kim Keock): See Choo Phan; 4th Plaintiff (administrator to the Estate of the Deceased See Kim Hui @ See Char Boh): See Chu Gek; 1st Defendant: See Choo Giap; 2nd Defendant: Tee Hui Keng
Court
ENCLOSURE 61
Jurisdiction
Malaysia
Judgment Date
23 December 2021
Case Number
JB-22NCVC-66-10/2019 (ENCLOSURE 61) (Mahkamah Tinggi)
Procedural Posture
Civil Trust and Property Dispute / Post Judgment: Application for Stay of Execution Pending Appeal to Court of Appeal
Outcome
Application allowed with conditions
Legal Topics
Stay of Execution, Constructive Trust, Transfer of Title, Nugatory Principle, Bank Guarantee, Accounting of Proceeds
Source Language
Malay/English
Trusts and Equity Property Law Civil Procedure Appeals Stay of Execution Constructive Trust Transfer of Title Nugatory Principle +2 more

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Parties

See Choo Phan

1st Plaintiff

See Chu Gek

2nd Plaintiff

See Choo Phan

3rd Plaintiff (trustee of Estate of the Deceased See Kim Keock)

See Chu Gek

4th Plaintiff (administrator to the Estate of the Deceased See Kim Hui @ See Char Boh)

See Choo Giap

1st Defendant

Tee Hui Keng

2nd Defendant

Procedural Posture

Civil Trust and Property Dispute / Post Judgment: Application for Stay of Execution Pending Appeal to Court of Appeal

Legal Issues

  1. 1 Whether a stay of execution pending appeal should be granted
  2. 2 Whether the defendants have shown 'special circumstances' to justify a stay
  3. 3 Whether refusal of a stay would render the appeal nugatory

Ratio Decidendi

The court exercised its unfettered discretion to grant a stay of execution pending disposal of the appeal but only on specific protective terms: preservation of status quo for immovable and other assets, and a ring‑fenced bank guarantee of RM700,000 to be furnished by the defendants within 21 days; breach to attract contempt — because these terms adequately protect the plaintiffs' entitlement while preventing the appeal from being rendered nugatory.

Court Disposition

Application allowed with conditions

Orders

  • Stay of execution of this Court's judgment until disposal of the appeal before the Court of Appeal
  • All immovable properties to be maintained at status quo except by agreement of all parties for transfers to Plaintiffs per judgment dated 30 June 2021