16 Aug 2022
MEASAT BROADCAST NETWORK SYSTEMS SDN BHD ABDUL LATIFF BIN HAJI MOHAIDEEN
- Citation
- WA-12ANCC-147-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCC-147-11/2021 (Mahkamah Tinggi)
The Sessions Court's grant of a stay was set aside: the appellant demonstrated the threshold for staying proceedings against a non-party was not met, the Guarantee contained no arbitration agreement so the dispute could not be referred to arbitration as against the guarantor, the Sessions Court erred by prejudging the merits and treating the guarantor's liability as necessarily secondary, and the prospect of indefinite delay and prejudice outweighed any justification for a stay.