NAMERS HOLDINGS SDN BHD v ZURIANA BINTI ANOWAR
Catchwords
In Enclosure 57, the plaintiff seeks a stay of execution of the court's order dated 26.7.2024 pending the disposal of its appeal to the Court of Appeal against the decision granted by this court in dismissing the plaintiff's claim while simultaneously allowing the defendant's counterclaim with costs of RM30,000.00, subject to allocatur. As regards the defendant's counterclaim, this court has allowed a declaration regarding the validity of the defendant's termination of the SPA and for the plaintiff to surrender vacant possession of the property within three months of the date of the order. The claim for rental amounts from June 2020 until delivery of vacant possession was also allowed, with interest of 5% per annum from the date of the action until full realisation. The court finds that there are no special circumstances to support Enclosure 57 since not only do these circumstances occur regularly in transactions relating to sales and purchases but also because the effect and consequences of any breach have been clearly defined in the relevant agreement or contract that the parties entered into. Further, in considering the competing rights between the parties, the court finds that the defendant should not be denied the fruits of her counterclaim litigation. Also, the plaintiff argues that it has a meritorious appeal to pursue at the Court of Appeal, but this court does not consider merits as a special circumstance warranting a stay.
Judgment
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Read on eJudgmentSource: eJudgment (wa-22ncvc-57-02-2021)