JUDGMENT

(Stay)

Kenneth St James J:

Prelusion

[1] In this Originating Summons (this OS), the Plaintiff bank (P) obtained an order for sale against the Defendant borrower (D) over one of the properties charged to P as security (Property). Within this OS, there were multiple proceedings between the parties.

[2] This judgment is about one of D's applications for a stay of proceedings. The subject application is to "defer and stay" the auction of the Property and to "defer and stay" the enforcement of three orders made by this Court (orders relating to the auction), pending the determination of two of D's appeals to the Court Of Appeal against the decisions of the High Court (this Application).

[3] Should this Application be allowed ie the auction is deferred and stayed? Or should this Application be dismissed ie the auction is allowed to proceed?

Chronology Of Pertinent Facts And Proceedings

[4] To break down the relevant proceedings that led to this Application, I set out here a chronology of the facts and proceedings pertinent to this Application:

(1) December 1996 — D charged the Property (Geran Hakmilik 23040, Lot No 420, Mukim 03, Daerah Seberang Perai Selatan, Negeri Pulau Pinang)