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2025 MarsdenLR 745

HIGH COURT MALAYA SHAH ALAM
KHOO SUE KHEK – Appellant
Versus
TAN CHOON SENG & ANOR – Respondent


Petitioner Advocates:Lee Sze Ying ,Respondent Advocate: Lee Fey Yee

JUDGMENT

Hazizah Kassim JC:

Introduction

[1] Enclosure 205 is the 1st Defendant's application to stay execution of the Court Order dated 29 January 2024 under O 55 r 16 and O 92 of the Rules of 2012. The 1st Defendant prays that the execution proceeding in this suit is to be stayed pending the appeals' disposal.

[2] On 18 October 2024, this Court allowed encl 205 with no order as to cost. Hence, the Plaintiff appealed against the decision.

Backgrounds

[3] The 1st Defendant outlined the case's brief facts in their submission as follows:

(i) The Plaintiff inherited a 65% share in Colourland Paints Sdn Bhd and Colourland Paints (Marketing) Sdn Bhd (the Colourland Companies) from her late husband.

(ii) Subsequently, the Plaintiff was appointed as the Managing Director of both companies.

(iii) The Plaintiff intended to sell her 65% share in the Colourland Companies after realising she could not manage the business.

(iv) Plaintiff appointed the Defendants as her representatives to sell her shares, and Plaintiff signed a commission letter on 22 March 2018.

(v) After Plaintiff made all commission payments to the Defendants, Plaintiff changed her mind and claimed that the commission should not ha


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