HIGH COURT MALAYA KUALA LUMPUR
MAA CREDIT BERHAD – Appellant
Versus
BEST BIRDSNEST SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. facts leading to the applications for stay. (Para 1 , 4 , 5 , 9 , 11 , 12) |
| 2. arguments made by both parties regarding stay applications. (Para 14 , 15) |
| 3. court's observations on the legal principles for granting stays. (Para 16 , 19 , 20 , 22 , 26) |
| 4. ratio decidendi regarding unconditional vs. conditional stays. (Para 18 , 23 , 24) |
[1] This was 3 applications by the 1st, 2nd and 3rd Defendants ("Defendants") respectively for stay of execution of the Judgment and Order dated 8 December 2023 pending their appeals to the Court of Appeal (collectively "the Applications").
[2] considering the submissions of all parties and the applicable legal principles, I allowed a conditional stay. My reasons are as state below.
[A] Salient Background Facts
[3] The salient facts leading to the Applications are as stated below.
[4] The Plaintiff granted a loan of RM24,500,000.00 to the 1st Defendant pursuant to a Moneylending Agreement dated 13 July 2021 ("the Agreement").
[5] The 2nd, 3rd and 4th Defendants executed guarantees to secure repayment of the loan.
[6] Third party charges were provided by Alam Pahlawan Sdn Bhd over land held under HS(D) 37724] PT
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