2019 MarsdenLR 3169

HIGH COURT MALAYA KUALA LUMPUR
EKUITI SETEGAP SDN BHD – Appellant
Versus
PLAZA 393 MANAGEMENT CORPORATION – Respondent
[Originating Summons No: WA-24NCVC-803-04/2018]

A stay of execution may be granted if continued enforcement would render an appeal nugatory, highlighting the need for special circumstances.

Headnote:The court granted a stay of execution of a High Court Order pending appeal by the management corporation against an earlier decision requiring them to reconvene an Annual General Meeting (AGM). The judgment was supported by principles from the Rules of Court and relevant statutes, establishing that the appeal may become nugatory if the order remained in effect. The court emphasized the presence of special circumstances that warranted the stay based on the risks posed to the management corporation's financial interests. The court concluded, “I allowed Plaza 393 MC's application for stay of execution of the said HC Order with costs of RM4,000.00 as agreed by the parties subject to the payment of allocatur fees.”