JW Development Sdn Bhd v 1. ) Syarikat Bamas Enterprise Sdn Bhd 2. ) Lee Kah Koon 3. ) Abdul Wahab Bin Abdullah 4. ) Puncak Haruman Sdn Bhd 5. ) Elit Binaraya Sdn Bhd 6. ) Mohd Rashid Bin Mohd Ali 7. ) Zulkarnain Bin Omar
Catchwords
By way of Enclosure 502, the fourth to sixth defendants seek to stay the assessment of damages filed in this court pending the disposal of another civil suit filed in the Shah Alam High Court and registered as Civil Suit No. BA-22NCvC-138-03/2024 ("Shah Alam Civil Suit") to impeach the judgment given by this court on 24.1.2024 after a full trial. According to the fourth to sixth defendants, the court has jurisdiction to grant a stay order under Section 44(1) of the Courts of Judicature Act 1964 ("CJA") and the requirement of special circumstances does not apply to stay applications under Section 44(1) of the CJA. The court finds that the fourth to sixth defendants are not entitled to rely on Section 44(1) of the CJA. This is because it remains clear that Section 44(1) of the CJA only applies if there is an appeal to the Court of Appeal. It is, therefore, impossible to apply Section 44(1) of the CJA independently in the absence of a specific appeal against the court's decision in this particular civil suit because the fourth to sixth defendants withdrew their appeal against the court's decision and proceeded to file the Shah Alam Civil Suit. Most importantly, Section 44(1) of the CJA involves the power and discretion of a Judge of the Court of Appeal, not a High Court Judge. It is, therefore, clear from the above that the fourth to sixth defendants' application for a stay is without merit.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-694-09-2019)