Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Nugatory appeal test
  • 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.