LEONG SAU YOONG v 1. ) Teng Sing Siang (Dilantik Menjadi Wakil Diri Kepada Teng Ah Chin, Simati) 2. ) TENG SING SIANG 3. ) TENG SENG KUAN 4. ) ER PECK SER 5. ) SIONG WANG AUTO SDN BHD
Catchwords
Stay of execution — Pending appeal — Applications after full trial — Judgment comprising monetary relief and order for vacant possession — Whether special circumstances established — Burden on applicants — Successful litigant’s right to fruits of judgment. Stay of execution — Money judgment — Whether stay should be granted — Requirement of cogent affidavit evidence — Whether real risk of non-recovery shown — Distinction between possibility and probability — Speculative difficulty of foreign recovery — Whether sufficient. Stay of execution — Foreign residence of judgment creditor — Plaintiff resident in Australia — Non-REJA jurisdiction — Whether absence of reciprocal enforcement regime constitutes special circumstance — Common law enforcement of foreign judgment — Reciprocal Enforcement of Judgments Act 1958, relevance of. Stay of execution — Financial position of judgment creditor — Plaintiff said to be “significantly out of pocket” — Whether statement amounts to admission of insolvency or inability to repay — Evidential insufficiency. Stay of execution — Grounds of application — Notice of application — Requirement that grounds be stated — Order 32 rule 1 Rules of Court 2012 — Whether grounds may be enlarged by affidavit or submissions — Procedural fairness — Technical insufficiency versus substantive determination. Stay of execution — Possession order — Order requiring defendants to vacate land — Whether distinct from money judgment — Risk that appeal rendered nugatory if possession altered before hearing — Preservation of status quo — Limited stay only. Stay of execution — Cross-appeal by successful party — Whether filing of cross-appeal affects enforceability of judgment — Whether constitutes special circumstance. Civil procedure — Post-judgment applications — Delay — Relevance to stay pending appeal — Whether delay fatal Land law — Co-ownership — Undivided half share — Occupation and use without consent — Damages for trespass — Vacant possession — Enforcement pending appeal.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-22ncvc-15-05-2019)