JUANG-ANTARA BINA SDN BHD BMG GLOBAL SDN BHD

JUANG-ANTARA BINA SDN BHD BMG GLOBAL SDN BHD

The application for a stay of execution was dismissed because BMG failed to demonstrate the requisite special circumstances to justify a stay; statutory position under s73 CJA means appeal does not stay execution absent order, and Juang's unrefuted financial statements establish solvency so there is no real risk of non-repayment that would render the appeal nugatory.

Citation
BA-24C-43-05/2023 (Mahkamah Tinggi)
Parties
Plaintiff / Applicant (claimant Enforcing Adjudication Decision): Juang-Antara Bina Sdn Bhd; Defendant / Respondent (seeks Stay and Set Aside): BMG Global Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 January 2024
Case Number
BA-24C-43-05/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (enforcement of Adjudication Decision Under CIPAA 2012 and Application for Stay of Execution) / High Court Hearing on Application for Stay of Execution; Appeal Pending at Court of Appeal
Outcome
Application for stay of execution dismissed; enforcement of the adjudication decision upheld and allowed to proceed.
Legal Topics
Stay of Execution, Enforcement of Adjudication Decision, Special Circumstances, Effect of Appeal, Insolvency Evidence Requirements
Source Language
Malay/English
Construction Law Adjudication Civil Procedure Enforcement Bank Garnishee Proceedings Stay of Execution Enforcement of Adjudication Decision Special Circumstances +2 more

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Parties

Juang-Antara Bina Sdn Bhd

Plaintiff / Applicant (claimant Enforcing Adjudication Decision)

BMG Global Sdn Bhd

Defendant / Respondent (seeks Stay and Set Aside)

Procedural Posture

Originating Summons (enforcement of Adjudication Decision Under CIPAA 2012 and Application for Stay of Execution) / High Court Hearing on Application for Stay of Execution; Appeal Pending at Court of Appeal

Legal Issues

  1. 1 Whether a stay of execution of the High Court judgment enforcing an adjudication decision should be granted pending appeal
  2. 2 Whether the appellant (BMG) has established the required 'special circumstances' to justify a stay of execution (including risk of inability to repay if appeal succeeds)
  3. 3 Whether garnishee/enforcement steps taken by the judgment creditor (Juang) render the appeal nugatory

Ratio Decidendi

The application for a stay of execution was dismissed because BMG failed to demonstrate the requisite special circumstances to justify a stay; statutory position under s73 CJA means appeal does not stay execution absent order, and Juang's unrefuted financial statements establish solvency so there is no real risk of non-repayment that would render the appeal nugatory.

Court Disposition

Application for stay of execution dismissed; enforcement of the adjudication decision upheld and allowed to proceed.

Orders

  • Stay of execution pending appeal refused
  • Enforcement of High Court judgment (amount RM3,092,805.60) allowed to continue