Stay of Execution
6 cases · July 2024 to April 2026
Case Volume by Year
1 24
2 25
3 26
2024–2026
Key Issues & Sub-Topics
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. 1 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. 1 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. 1 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. 1 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. 1 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. 1 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. 1 Cross-appeal by successful party — Whether filing of cross-appeal affects enforceability of judgment — Whether constitutes special circumstance. 1 withdrawal of stay — pending appeal — proper forum — institutional propriety — irreconcilable reliefs — subsisting judgment — enforceable judgment — same parties — same transaction — pattern of conduct — sequential litigation — tactical retreat — second bite of the cherry — special circumstances exception — narrow exception — involuntary prevention — amendment application. 1 Application to stay execution of JIDA pending setting aside — Whether such application disentitles a party from seeking a stay pending arbitration. 1 Preliminary issue: contempt- prima facie finding of contempt-whether contemnor needs to purge the contempt first before he can be heard-right to be heard-no leave obtained to commence contempt proceeding-court’s discretion to hear contemnor — Stay of Execution: both parties are appealing against the same judgment-special circumstances-nugatoriness-merits of the appeals- destroying substratum of the appeal-irreversible-stay of execution applied after part-heard by the Court of Appeal and before the next date fixed for part-heard of the appeals-approbate & reprobate. 1 Appeal to Court of Appeal — Application for stay of High Court Order pending disposal of appeal — High Court declared appellant a vexatious litigant and ordered publication in the Gazette — Whether "special circumstances" existed to justify a stay — Whether the appeal would be rendered nugatory if stay was refused — Irreversibility of publication in the Federal Gazette — Irreparable harm to personal and professional reputation — Balance of convenience — Courts of Judicature Act 1964, sections 44 & 73 — Rules of the Court of Appeal 1994, rule 13. Declaration and consequential orders — Order for publication of name in the Gazette — Restraint from instituting or continuing legal proceedings without leave of the High Court — Potential consequences of publication on employment and professional standing — Stay of execution of vexatious litigant order pending appeal. "Special circumstances" — "Nugatory" — "Status quo" — "Vexatious litigant" — Meaning and application in the context of a stay of execution pending appeal 1
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. 1 case
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. 1 case
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. 1 case
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. 1 case
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. 1 case
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. 1 case
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. 1 case
Cross-appeal by successful party — Whether filing of cross-appeal affects enforceability of judgment — Whether constitutes special circumstance. 1 case
withdrawal of stay — pending appeal — proper forum — institutional propriety — irreconcilable reliefs — subsisting judgment — enforceable judgment — same parties — same transaction — pattern of conduct — sequential litigation — tactical retreat — second bite of the cherry — special circumstances exception — narrow exception — involuntary prevention — amendment application. 1 case
Application to stay execution of JIDA pending setting aside — Whether such application disentitles a party from seeking a stay pending arbitration. 1 case
Preliminary issue: contempt- prima facie finding of contempt-whether contemnor needs to purge the contempt first before he can be heard-right to be heard-no leave obtained to commence contempt proceeding-court’s discretion to hear contemnor — Stay of Execution: both parties are appealing against the same judgment-special circumstances-nugatoriness-merits of the appeals- destroying substratum of the appeal-irreversible-stay of execution applied after part-heard by the Court of Appeal and before the next date fixed for part-heard of the appeals-approbate & reprobate. 1 case
Appeal to Court of Appeal — Application for stay of High Court Order pending disposal of appeal — High Court declared appellant a vexatious litigant and ordered publication in the Gazette — Whether "special circumstances" existed to justify a stay — Whether the appeal would be rendered nugatory if stay was refused — Irreversibility of publication in the Federal Gazette — Irreparable harm to personal and professional reputation — Balance of convenience — Courts of Judicature Act 1964, sections 44 & 73 — Rules of the Court of Appeal 1994, rule 13. Declaration and consequential orders — Order for publication of name in the Gazette — Restraint from instituting or continuing legal proceedings without leave of the High Court — Potential consequences of publication on employment and professional standing — Stay of execution of vexatious litigant order pending appeal. "Special circumstances" — "Nugatory" — "Status quo" — "Vexatious litigant" — Meaning and application in the context of a stay of execution pending appeal 1 case
Key Statutes
Arbitration Act 2005
cited in 1 case Courts of Judicature Act 1964
cited in 1 case Rules of Court 2012
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Top Firms
Cases
ma-22ncc-6-07-2019
EMERALD UNITY SDN BHD v 1. ) RESIDENMAS DEVELOPMENT SDN BHD 2. ) MOHD NOOR BIN SIDEN 3. ) ABD RAHMAN BIN YASIN
12 April 2026
MYHC
ma-22ncvc-15-05-2019
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
5 April 2026
MYHC
wa-22ncc-689-10-2025
1. ) V CAPITAL SDN BHD 2. ) DATO' HOO VOON HIM v 1. ) IMPIANA SDN BHD 2. ) DATO' SERI ISMAIL @ FAROUK BIN ABDULLAH
10 March 2026
MYHC
wa-22ncc-190-04-2023
EXPORT-IMPORT BANK OF MALAYSIA BERHAD v Lim Yaw Boon
29 September 2025
MYHC
ba-22ncvc-435-10-2019
1. ) MK COOLING SERVICES 2. ) KOK YOKE MEI v CHONG KEK FONG
8 September 2025
MYHC
w-02ncvca-1033-06-2024
LIM JEN LIN @ LIM JEN LING v 1. ) PETRONAS REFINERY AND PETROCHEMICAL CORPORATION SDN BHD 2. ) PETROLIAM NASIONAL BERHAD
3 July 2024
MYCOA