EMERALD UNITY SDN BHD v 1. ) RESIDENMAS DEVELOPMENT SDN BHD 2. ) MOHD NOOR BIN SIDEN 3. ) ABD RAHMAN BIN YASIN

ma-22ncc-6-07-2019 High Court (Mahkamah Tinggi) 12 April 2026 • MA-22NCC-6-07/2019

Catchwords

Stay of execution — Appeal pending — Application under s 73 Courts of Judicature Act 1964 and O 45 r 11 Rules of Court 2012 — Whether appeal operates as stay — Discretion of court — “Fruits of judgment” principle — Special circumstances — Burden of proof — Requirement of affidavit evidence — Nugatory test — Whether appeal rendered nugatory — Money judgment — Alleged difficulty in recovery — Whether proof of inability to repay required — Whether general assertions sufficient — Delay in filing stay application — Effect of delay on exercise of discretion — Cross-appeals by both parties — Whether relevant consideration — Judgment after full trial — Higher threshold for stay — Conditional stay — Whether appropriate to order payment into court or security — Whether basis established — Application dismissed — Costs to defendants.

Judges (1)

Raja Segaran a/l S.krishnan Delivered

Parties (4)

EMERALD UNITY Sdn Bhd Plaintiff RESIDENMAS DEVELOPMENT Sdn Bhd Defendant Abd Rahman bin Yasin Defendant Mohd Noor bin Siden Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ma-22ncc-6-07-2019)