LAW MAY HUI@JULIET TEE KEN PING

LAW MAY HUI@JULIET TEE KEN PING

The High Court affirmed the Deputy Registrar: special circumstances existed to warrant a limited stay of execution against the writ of seizure and sale of the specified matrimonial residence because the order was interim maintenance in ongoing divorce proceedings, the property is occupied by five young children, the judgment creditor is a homemaker likely unable to repay, and sale would cause irreparable harm and render appeals nugatory; the stay is limited to that writ and preserved creditors' remedies against other assets; appeal dismissed and stay maintained until disposal of registered appeals.

Citation
BA-37WS-40-12/2024 (Mahkamah Tinggi)
Parties
Judgment Creditor / Appellant: Law May Hui @ Juliet; Judgment Debtor / Respondent: Tee Ken Ping
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 May 2025
Case Number
BA-37WS-40-12/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Deputy Registrar's Stay of Execution Order (family Law Enforcement) / High Court Appellate Hearing (interlocutory Appeal)
Outcome
Appeal dismissed; Deputy Registrar's conditional stay order affirmed.
Legal Topics
Stay of Execution, Special Circumstances, Writ of Seizure and Sale, Interim Maintenance, Inherent Jurisdiction
Source Language
Malay/English
Civil Procedure Family Law Enforcement of Judgment Matrimonial Property Maintenance Stay of Execution Special Circumstances Writ of Seizure and Sale +2 more

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Parties

Law May Hui @ Juliet

Judgment Creditor / Appellant

Tee Ken Ping

Judgment Debtor / Respondent

Procedural Posture

Civil Appeal Against Deputy Registrar's Stay of Execution Order (family Law Enforcement) / High Court Appellate Hearing (interlocutory Appeal)

Legal Issues

  1. 1 Whether special circumstances exist to justify a stay of execution of a writ of seizure and sale of the matrimonial residence pending appeals
  2. 2 Whether the court has power to grant a stay of execution in these circumstances and whether filing an appeal alone constitutes a stay
  3. 3 Whether sale of the matrimonial home would render an eventual successful appeal nugatory or cause irreparable harm to children and matrimonial interests

Ratio Decidendi

The High Court affirmed the Deputy Registrar: special circumstances existed to warrant a limited stay of execution against the writ of seizure and sale of the specified matrimonial residence because the order was interim maintenance in ongoing divorce proceedings, the property is occupied by five young children, the judgment creditor is a homemaker likely unable to repay, and sale would cause irreparable harm and render appeals nugatory; the stay is limited to that writ and preserved creditors' remedies against other assets; appeal dismissed and stay maintained until disposal of registered appeals.

Court Disposition

Appeal dismissed; Deputy Registrar's conditional stay order affirmed.

Orders

  • Appeal dismissed without costs.
  • Deputy Registrar's order dated 7-4-2025 is affirmed.