TRESENERGY SDN BHD 1. ) MOHD FAUZI BIN YA'AKOB 2. ) MTC ENGINEERING SDN BHD

TRESENERGY SDN BHD 1. ) MOHD FAUZI BIN YA'AKOB 2. ) MTC ENGINEERING SDN BHD

Defendants failed to discharge the burden to show special circumstances warranting a stay: impecuniosity and fear of bankruptcy do not qualify; no evidence the national interest would be affected; defendants admitted inability to satisfy judgment so cannot show risk of being unable to be reinstated if appeal...

Source-derived case information.

Citation
BA-22NCvC-603-12/2018 (Mahkamah Tinggi)
Parties
Plaintiff: TRESENERGY SDN BHD; First Defendant: MOHD FAUZI BIN YA’AKOB; Second Defendant: MTC ENGINEERING SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 November 2025
Case Number
BA-22NCvC-603-12/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Stay of Execution Application / Decision on Enclosure 80: Stay Application After Judgment and Appeals Filed
Outcome
Enclosure 80 dismissed.
Legal Topics
Stay of Execution, Impecuniosity, Conditional Stay, Fiduciary Duty, Inducement of Breach of Contract, Tort of Interference, Assessment of Damages, Sanction for Contributories
Civil Procedure Appeal Commercial Law Contract Tort Insolvency/liquidation Stay of Execution Impecuniosity +6 more

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Parties

TRESENERGY SDN BHD

Plaintiff

MOHD FAUZI BIN YA’AKOB

First Defendant

MTC ENGINEERING SDN BHD

Second Defendant

Procedural Posture

Civil Stay of Execution Application / Decision on Enclosure 80: Stay Application After Judgment and Appeals Filed

Legal Issues

  1. 1 Whether special circumstances exist to justify a stay of execution pending appeal
  2. 2 Whether Second Defendant's impecuniosity constitutes special circumstance
  3. 3 Whether First Defendant's threat of bankruptcy constitutes special circumstance

Ratio Decidendi

Defendants failed to discharge the burden to show special circumstances warranting a stay: impecuniosity and fear of bankruptcy do not qualify; no evidence the national interest would be affected; defendants admitted inability to satisfy judgment so cannot show risk of being unable to be reinstated if appeal succeeds; proposed conditional stay cannot be implemented absent fresh sanction/clear authority from Official Receiver/Liquidator. Enclosure 80 therefore dismissed.

Court Disposition

Enclosure 80 dismissed.

Orders

  • Enclosure 80 dismissed.
  • Defendants to pay agreed costs of RM2,000.00 to the Plaintiff, subject to allocatur.