28 Nov 2021
Chan Kok Poh
- Citation
- JB-44-13-10/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-44-13-10/2021 (Mahkamah Tinggi)
The application for stay was dismissed because the applicant failed to prove special circumstances or that his appeal would be rendered nugatory; statutory and case law establish that an appeal does not operate as a stay absent court order and that stays are granted only in exceptional circumstances; the High Court's calling for the Sessions Court record under s.35 CJA effects a statutory stay when exercised; section 173 CPC is mandatory for summary trials and subordinate courts lack inherent jurisdiction to displace it; therefore no entitlement to stay was shown and the trial must proceed.