21 Jul 2023
N. Vasantha Rajan A/L Nagarajan Wasi Harta Pusaka N. Arumugam Pillai alias N.T.S Arumugam Pillai son of Nagappa Pillai 1. ) YEOH SOON PENG 2. ) Pusparajan A/l N. Arumugam Pillai
- Citation
- PA-22NCVC-212-11/2016 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCVC-212-11/2016 (Mahkamah Tinggi)
The application to stay was dismissed because the plaintiff failed to demonstrate special circumstances: a successful Order 33 appeal would not be rendered nugatory by proceeding to trial, the risk of inconsistent outcomes was speculative and unlikely, the mere merit of an appeal does not justify a stay, and the plaintiff's purported prejudice from incurring time and costs was self‑inflicted; conversely, a stay would prejudice the defendant by further delaying trial of a 2016 suit. Accordingly, discretion to refuse stay was properly exercised and costs were awarded against the plaintiff.