MSA RESOURCES SDN. BHD. v HDD SIGNATURE SDN. BHD.
Catchwords
Civil Procedure — Stay of execution — Application pending disposal of setting aside judgment in default — Whether High Court has inherent jurisdiction to grant stay — Whether reliance on O 55 r 16 Rules of Court 2012 and s 73 Courts of Judicature Act 1964 misconceived in absence of appeal — Whether application maintainable. Civil Procedure — Judgment in default of appearance — Application for stay pending setting aside — Distinction between validity of judgment and enforcement — Whether issues of defective service constitute special circumstances — Proper forum for challenge. Civil Procedure — Service of writ on corporation — Service by AR registered post to registered office — O 62 r 4 Rules of Court 2012 — Whether denial of receipt sufficient to impugn service — Whether service regular. Civil Procedure — Stay of execution principles — Requirement of special circumstances — Nugatory principle as species of special circumstances — Burden on applicant — Whether merits of defence relevant — Whether circumstances must relate to enforcement rather than correctness of judgment. Civil Procedure — Discretion of court — Whether successful litigant entitled to fruits of judgment — Balance of convenience — Whether financial hardship, business disruption, or fear of loss constitute special circumstances — Whether undertaking as to damages sufficient. Civil Procedure — Nugatoriness — Whether enforcement of money judgment renders setting aside application nugatory — Whether restitution possible — Absence of evidence of irreparable prejudice or inability to recover sums. Practice and Procedure — Interlocutory application — Stay pending disposal of setting aside application — Scope of inquiry — Whether court should avoid prejudging merits. Practice and Procedure — Inherent jurisdiction — Power of High Court to control its own process — Stay of execution to prevent injustice — Limits of exercise.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-22ncc-17-10-2025)