PEMPETISYEN HENG SIEW YUET 1. ) Wong Siew Boon 2. ) Law Kwai Fun

PEMPETISYEN HENG SIEW YUET 1. ) Wong Siew Boon 2. ) Law Kwai Fun

The application for stay of execution is dismissed because the respondents failed to demonstrate special circumstances related to enforcement of the judgment, the application was made after the three-month deadline suggesting mala fides, and mere financial inability or the existence of an appeal do not suffice to justify a stay; costs awarded to the petitioner.

Citation
KA-33-33-04/2022 (Mahkamah Tinggi)
Parties
Petitioner: Heng Siew Yuet; Defendant: Wong Siew Boon; Defendant: Law Kwai Fun
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 March 2025
Case Number
KA-33-33-04/2022 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition Under Law Reform (marriage and Divorce) Act 1976 / Interlocutory Stay of Execution Application Under Order 55 R.16/order 92 R.4 (dismissed)
Outcome
Respondents' application for stay of execution dismissed with costs to Petitioner.
Legal Topics
Stay of Execution, Enforcement of Divorce Decree, Special Circumstances Test, Balance of Convenience, Costs
Source Language
Malay/English
Family Law Civil Procedure Appeal Procedure Stay of Execution Enforcement of Divorce Decree Special Circumstances Test Balance of Convenience Costs

Case Brief

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Parties

Heng Siew Yuet

Petitioner

Wong Siew Boon

Defendant

Law Kwai Fun

Defendant

Procedural Posture

Divorce Petition Under Law Reform (marriage and Divorce) Act 1976 / Interlocutory Stay of Execution Application Under Order 55 R.16/order 92 R.4 (dismissed)

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal
  2. 2 Whether the applicants (Respondents) have demonstrated the requisite 'special circumstances' relating to enforcement of the judgment
  3. 3 Whether delay in applying after the three month deadline affects entitlement to stay

Ratio Decidendi

The application for stay of execution is dismissed because the respondents failed to demonstrate special circumstances related to enforcement of the judgment, the application was made after the three-month deadline suggesting mala fides, and mere financial inability or the existence of an appeal do not suffice to justify a stay; costs awarded to the petitioner.

Court Disposition

Respondents' application for stay of execution dismissed with costs to Petitioner.

Orders

  • Respondents' application for stay of execution dismissed
  • Costs to be paid to the Petitioner