15 Jun 2020
PACIFIC & ORIENT INSURANCE CO BERHAD 1. MOHD NOR BIN ISMAIL 2. HAMINAH BINTI IBRAHIM
- Citation
- DA-12B-8-04/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-12B-8-04/2019 (Mahkamah Tinggi)
Where a stay pending appeal is sought and the opposing party consents, the trial court should ordinarily grant the stay; failure by the trial court to consider and grant the stay (and proceeding to trial) when the defendant thereby loses the opportunity to put its case constitutes misexercise of discretion and justifies setting aside the resulting judgment and ordering a retrial.