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2022 MarsdenLR 1940

HIGH COURT MALAYA KUALA LUMPUR
KERAJAAN MALAYSIA – Appellant
Versus
MUHAMMAD SHAFEE MD ABDULLAH – Respondent


Petitioner Advocates:Muhammad Faqrol Syazreen Mohd Ghause,Norhisham Ahmad,Al-Hummidallah Idrus ,Respondent Advocate: Md Farhan Shafee,Wee Yeong Kang,Dato' Sri Rajan Navaratnam

JUDGMENT

Roz Mawar Rozain JC:

Enclosure 28: The Defendant's Application For A Stay Of Proceedings Under Order 92 Rule 4, Rules Of Courts (RoC) And/Or The Inherent Jurisdiction Of The Court

This Application

[1] The Orders sought for by the Defendant are as follows:

(i) A stay of the proceedings pending the disposal of the Defendant's appeals by the Special Commissioner of Income Tax Malaysia (SCIT) and/or all other subsequent judicial remedies arising afforded to the Defendant;

(ii) A stay of the proceedings for this action pending the disposal of the applications for leave to appeal at the Federal Court in the Civil Applications No 08(i)-383-09/2021(W) Mohd Najib Hj Abdul Razak and 08(i)-384-09/2021(W) Mohd Nazifuddin Mohd Najib (the constitutional matters);

[2] The proceedings in question is that of the Plaintiff's application for a summary judgment under O 14 r 1, RoC for a sum of RM9,414,708.32 with interest of 5% per annum from the date of judgment until realization with costs. This is said to be the amount payable by and due from the Defendant being the total arrears of income tax from the tax increase of the additional assessments for the years 2011, 2012, 2013, 2014 and 2016.

[3] Th


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