26 Apr 2021
CONWELD ENGINEERING SDN BHD LOW TERK CHEN & 2 ORS
- Citation
- WA-22NCC-108-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-108-03/2021 (Mahkamah Tinggi)
The court refused the stay because an appeal does not automatically stay proceedings and the Defendants failed to establish special circumstances: the Leave Order is a precursor to the suit so a successful appeal would not be nugatory in the sense required, potential wasted costs and judicial time do not constitute special circumstances, and there was no irreparable prejudice shown; accordingly the stay application was dismissed and the Defendants were directed to comply with the Leave Order and pursue expedition of their appeal if desired.