Malaysia Case Law: Decisions & Judgments

Topic

Special circumstances

Legal area

Court

31 Mar 2026

1. ) GOLDEN PLUS HOLDINGS BERHAD 2. ) GOLDEN PLUS CONSTRUCTION SDN BHD 3. ) GOLDEN PLUS (BVI) PTE LTD 4. ) SRI SERDANG SDN BHD 5. ) PARADIZE BAZAAR SDN BHD 6. ) VENICE HEIGHTS SDN BHD 7. ) HANPOPULAR SDN BHD 8. ) YANFULL INVESTMENTS LIMITED

Citation

W-02(IM)(NCC)-1414-07/2025 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCC)-1414-07/2025 (Mahkamah Rayuan)

The High Court erred in granting unconditional stays because the respondents did not establish special circumstances relating to execution; ordinary hardship, impecuniosity, age or risk of bankruptcy are insufficient; the proper relief is conditional: payment of the judgment sum into a stakeholder interest‑bearing account held by the appellants' solicitors pending final determination of the appeals, which preserves the fund and prevents nugatoriness.
26 Jan 2026

1. ) KOH KENG JOO 2. ) LIEW SOW YOKE 1. ) TAN SRI DATO' SERI KHALID BIN ABU BAKAR 2. ) TAN SRI MOHAMAD FUZI HARUN 3. ) DATO' AWALUDIN JADID 4. ) DATUK HUZIR MOHAMED 5. ) FADZIL AHMAT 6. ) SUPARI MUHAMMAD 7. ) KHOR YI SHUEN 8. ) HAZRIL BIN K

Citation

WA-21NCvC-17-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCvC-17-02/2020 (Mahkamah Tinggi)

Because the judgment directed custodial holding of the First Plaintiff's damages and enforcement would require substantial recurring government payments with significant administrative and practical complications that risk rendering the appeal nugatory while causing no present enjoyment by the Plaintiffs, the Defendants established special circumstances under Order 45 r.11 ROC 2012 and a stay of execution was granted pending the appeal.
20 Nov 2025

KANG MING HAN

Citation

BA-44-144-10/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-44-144-10/2025 (Mahkamah Tinggi)

Applicant failed to demonstrate special circumstances sufficient to justify exercise of the court's discretion to stay execution: he did not prove ongoing eligibility as guarantor, provided no supporting documents from Immigration, and Immigration indicated the ex-wife could appoint another guarantor; referenced authorities were distinguishable and the mere filing of an appeal is insufficient to grant a stay.
20 Nov 2025

KANG MING HAN

Citation

BA-44-142-10/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-44-142-10/2025 (Mahkamah Tinggi)

Applicant failed to demonstrate special circumstances sufficient to justify suspension of execution: the asserted need to attend Immigration as guarantor was unsupported by evidence that applicant remains eligible; Immigration can accept another guarantor; the applicant produced no corroborating JIM documentation and his conviction undermines guarantor eligibility, therefore the discretion to stay execution must be refused and the application is dismissed.
26 Aug 2025

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Citation

JA-22NCvC-64-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-64-05/2019 (Mahkamah Tinggi)

Defendants failed to prove special circumstances in their supporting affidavit to justify a discretionary stay of execution pending appeal; therefore the court refused to exercise its discretion to stay enforcement and dismissed the application with costs.
21 Jul 2025

LITS Solutions Sdn Bhd 1. ) Lai Thiam Sin 2. ) Leading Innovative Technologies & Systems Sdn Bhd

Citation

PA-22NCvC-252-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-252-12/2019 (Mahkamah Tinggi)

The court found special circumstances: compelled payment of the RM18,212,992 judgment would likely force D2 to cease business or liquidate assets and thus render the appeal nugatory; defendants' audited accounts showed inability to meet the judgment and the balance of convenience favored granting a stay. Accordingly the stay of execution pending disposal of the appeal was granted and costs awarded in the cause.
16 Jul 2025

1. ) GOLDEN PLUS HOLDINGS BERHAD 2. ) GOLDEN PLUS CONSTRUCTION SDN BHD 3. ) GOLDEN PLUS (BVI) PTE LTD 4. ) SRI SERDANG SDN BHD 5. ) PARADIZE BAZAAR SDN BHD 6. ) VENICE HEIGHTS SDN BHD 7. ) HANPOPULAR SDN BHD 8. ) YANFULL INVESTMENTS LIMITED

Citation

WA-22NCC-605-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-605-12/2020 (Mahkamah Tinggi)

The cumulative facts — D7's advanced age, registered disability, manifest inability to pay, immediate risk of bankruptcy rendering the appeal nugatory, and legitimate concerns about recoverability given winding-up proceedings and multiple jurisdictions — constitute special circumstances; balancing the hardship, a limited stay of execution of monetary components (minutes 4–11 and costs order) pending final determination of the appeal is warranted while injunctive orders remain in force.
30 Jun 2025

NOR ILY KAREENA BINTI ROSMAN 1. ) MOHD SOLEHIN BIN MOHD RAZALI 2. ) TAJULARUS BIN BAHARI PENCELAH ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD

Citation

DA-A53KJ-608-12/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-A53KJ-608-12/2022 (Mahkamah Sesyen)

The court dismissed the defendants' application to stay proceedings because the application was premature, the defendants failed to plead or prove special circumstances (including nugatoriness) in their supporting affidavit, and the mere filing of an appeal in the High Court does not operate as an automatic stay; costs awarded to plaintiff RM500.00.
20 Jun 2025

1. ) VIKNEIS A/L BALAN (SEORANG PESAKIT MENDAKWA MELALUI BALAN A/L VARATHARAJOO SEBAGAI WAKIL LITIGASI/SAHABAT WAKIL) 2. ) BALAN A/L VARATHARAJOO TETUAN NM TIONG & CO

Citation

PA-12ANCvC-31-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCvC-31-09/2024 (Mahkamah Tinggi)

The High Court allowed the appeal because the Plaintiff failed to show statutory leave under section 124 LPA before commencing the Sessions Court action (a condition precedent rendering the suit incompetent), the Defendants demonstrated special circumstances warranting judicial scrutiny of the Bill of Costs despite the lapse under section 128(2) LPA, and the Sessions Court erred in awarding interest under section 11 CLA when section 133 LPA assigns interest in solicitor-and-client taxation to the Registrar; accordingly summary judgment was wrongly entered and must be set aside and remitted fo…
21 May 2025

LAW MAY HUI@JULIET TEE KEN PING

Citation

BA-37WS-40-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-37WS-40-12/2024 (Mahkamah Tinggi)

The High Court affirmed the Deputy Registrar: special circumstances existed to warrant a limited stay of execution against the writ of seizure and sale of the specified matrimonial residence because the order was interim maintenance in ongoing divorce proceedings, the property is occupied by five young children, the judgment creditor is a homemaker likely unable to repay, and sale would cause irreparable harm and render appeals nugatory; the stay is limited to that writ and preserved creditors' remedies against other assets; appeal dismissed and stay maintained until disposal of registered ap…