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2022 MarsdenLR 1435

HIGH COURT MALAYA KUALA LUMPUR
TEGUH MAJURIA SDN BHD & ORS – Appellant
Versus
ATSA ARCHITECTS SDN BHD & ORS – Respondent


Petitioner Advocates:Wee Choo Keong,Yeo Wei Min ,Respondent Advocate: Abdul Rashid Ismail,Fatin Muneerah Sofian

JUDGMENT

Leong Wai Hong JC:

Introduction

[1] On 4 April 2022 the Plaintiffs have filed a defamation suit against the Defendants. ["Defamation Suit"]. About 9 months earlier, on 12 July 2021, the 1st Plaintiff has filed a civil suit against the three Defendants here as well as a 4th Defendant by the name of Mohd Fathi bin Abdullah. ["Civil Suit"]. This Civil Suit is fixed for trial before another court from 22 to 24 January 2024.

[2] The Defamation Suit is fixed for trial before me on 23 September 2022, 17 October 2022, 4 November 2022, 14 November 2022 & 15 November 2022.

[3] Four days before the commencement of trial before me, to wit, on 19 September 2022 the Defendants filed an urgent application for the Defamation Suit to be stayed pending the final disposal of the Civil Suit. ["Stay Application"]

[4] Due to the urgency of the Stay Application, I heard parties on 21 September 2022 without requiring parties to file written submissions. I dismissed the Stay Application on the same day. The Defendants have now lodged an appeal to the court of Appeal. These are my Grounds of Judgment.

[5] The issues before me are-

a) What is the test to apply for a stay of proceedings of a suit pending the


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