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HIGH COURT MALAYA KUALA LUMPUR
UNIVERSAL TRUSTEE (MALAYSIA) BERHAD – Appellant
Versus
LAMBANG PERTAMA SDN BHD & ANOR (NO 2) – Respondent
| Table of Content |
|---|
| 1. establishment of legal proceedings and claims. (Para 5 , 6 , 7 , 8) |
| 2. order of application hearings. (Para 9 , 10) |
| 3. statutory jurisdiction on stays. (Para 11 , 12 , 13 , 14 , 15 , 16 , 19) |
| 4. special circumstances required for stays. (Para 21 , 22 , 23) |
| 5. merits of appeals should not influence stay decisions. (Para 24 , 25 , 26 , 27) |
| 6. reasons for rejecting the stay application. (Para 28) |
[5] The Plaintiff filed an application for summary judgment against the Defendants which was allowed by this Court (Nallini Pathmanathan J, reported in Universal Trustee (Malaysia) Berhad v. Lambang Pertama Sdn Bhd & Anor; on 25 March 2014 (Summary Judgment). Nallini Pathmanathan J however ordered a stay of execution of the Summary Judgment pending the disposal of the Counterclaim (Stay of Summary Judgment).
[6] The Plaintiff filed its application to strike out the Counterclaim (Plaintiff's Striking Out Application) on 10 April 2014.
[7] On 17 April 2014 the Defendants appealed to the Court of Appeal against the Summary Judgment (Defendants' Appeal).
[8] The hearing of the Plaintiff's Striking Out Application was scheduled to be heard on 17 June 2014. However, on 10 June 2014, the D
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