United Overseas Bank (China) Limited, Chengdu Branch Siow Kwang Joon @ Siow Kwong Shang

United Overseas Bank (China) Limited, Chengdu Branch Siow Kwang Joon @ Siow Kwong Shang

Stay of execution was granted because the merits are not determinative of a stay application; imminent bankruptcy proceedings and the risk that execution would render the appeal nugatory, combined with the foreign location of the plaintiff and realistic risk to recoverability of funds, justified suspending...

Source-derived case information.

Citation
JA-22NCC-22-04/2019 (Mahkamah Tinggi)
Parties
Plaintiff: United Overseas Bank (China) Limited, Chengdu Branch; Defendant: Siow Kwang Joon @ Siow Kwong Shang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 June 2024
Case Number
JA-22NCC-22-04/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Stay of Execution Pending Appeal / Interlocutory Application Decided (stay Granted Pending Appeal)
Outcome
Stay of execution of the High Court judgment dated 10.10.2023 granted pending disposal of Civil Appeal J-02(NCC)(W)-1838-11/2023
Legal Topics
Stay of Execution, Personal Guarantee, Bankruptcy Petition, Enforcement of Foreign Related Monetary Judgment, Evidence Admissibility
Civil Procedure Banking Law Insolvency/bankruptcy Contract Guarantee/indemnity Stay of Execution Personal Guarantee Bankruptcy Petition Enforcement of Foreign Related Monetary Judgment +1 more

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Parties

United Overseas Bank (China) Limited, Chengdu Branch

Plaintiff

Siow Kwang Joon @ Siow Kwong Shang

Defendant

Procedural Posture

Civil Suit Stay of Execution Pending Appeal / Interlocutory Application Decided (stay Granted Pending Appeal)

  1. 1 Whether to grant a stay of execution of the High Court judgment dated 10.10.2023 pending disposal of the civil appeal J-02(NCC)(W)-1838-11/2023
  2. 2 Whether merits of the underlying judgment are relevant to a stay application
  3. 3 Whether impending bankruptcy proceedings and risk of loss of capacity justify a stay to prevent the appeal becoming nugatory

Ratio Decidendi

Stay of execution was granted because the merits are not determinative of a stay application; imminent bankruptcy proceedings and the risk that execution would render the appeal nugatory, combined with the foreign location of the plaintiff and realistic risk to recoverability of funds, justified suspending enforcement pending disposal of the appeal.

Court Disposition

Stay of execution of the High Court judgment dated 10.10.2023 granted pending disposal of Civil Appeal J-02(NCC)(W)-1838-11/2023

Orders

  • Stay of execution of the judgment dated 10 October 2023 granted until disposal of Civil Appeal J-02(NCC)(W)-1838-11/2023