MAEI TECHNOLOGY SDN BHD PREMIUMTEL SDN BHD

MAEI TECHNOLOGY SDN BHD PREMIUMTEL SDN BHD

The High Court granted the stay because special circumstances existed: the pending winding up petition threatened to render the appeal nugatory by exposing the appellant to winding up and insolvency sanctions and would impede related litigation; accordingly a temporary stay of execution and winding up proceedings pending determination of the appeal was necessary to preserve the appellant's right of appeal.

Citation
WA-12ANCVC-80-04/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: MAEI TECHNOLOGY SDN BHD; Respondent/plaintiff: PREMIUMTEL SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 November 2019
Case Number
WA-12ANCVC-80-04/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Arising From Summary Judgment and Winding Up Proceedings / Interlocutory Application for Stay of Execution Pending Disposal of Appeal to Court of Appeal
Outcome
Enclosure 19 allowed; stay of proceedings granted pending disposal of appeal to the Court of Appeal; costs in the cause.
Legal Topics
Stay of Execution, Summary Judgment, Winding Up Petition, Appeal, Res Judicata, Special Circumstances
Source Language
Malay/English
Company Law Civil Procedure Contract Law Insolvency Law Stay of Execution Summary Judgment Winding Up Petition Appeal +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

MAEI TECHNOLOGY SDN BHD

Appellant/defendant

PREMIUMTEL SDN BHD

Respondent/plaintiff

Procedural Posture

Civil Appeal Arising From Summary Judgment and Winding Up Proceedings / Interlocutory Application for Stay of Execution Pending Disposal of Appeal to Court of Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending disposal of the appeal
  2. 2 Whether special circumstances exist to justify a stay where judgment is for a monetary sum
  3. 3 Whether the winding up petition would render the appeal nugatory

Ratio Decidendi

The High Court granted the stay because special circumstances existed: the pending winding up petition threatened to render the appeal nugatory by exposing the appellant to winding up and insolvency sanctions and would impede related litigation; accordingly a temporary stay of execution and winding up proceedings pending determination of the appeal was necessary to preserve the appellant's right of appeal.

Court Disposition

Enclosure 19 allowed; stay of proceedings granted pending disposal of appeal to the Court of Appeal; costs in the cause.

Orders

  • Stay of execution and stay of winding up proceedings pending disposal of the appeal before the Court of Appeal
  • Enclosure 19 (application for stay) allowed