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2024 MarsdenLR 253

HIGH COURT MALAYA PULAU PINANG
ALL KURMA SDN BHD – Appellant
Versus
TEO HENG TATT & ORS – Respondent


Petitioner Advocates:Elizabeth Lau,Evelyn Ng ,Respondent Advocate: Lee Fei Wen

JUDGMENT

(Stay Of Order To Produce Documents)

Kenneth St James JC:

Prelusion

[1] The 7th Defendant (D7) applied for an Order for the Plaintiff (P) to produce and serve on D7 documents that D7 needs for the conduct of its defence (D7's Application for an Order to produce documents).

[2] On 23 April 2024, I granted an Order that P produces and serves on D7 the documents stated in the annexure to the Order (Order to produce documents). I ordered that P complies with this Order to produce documents within 21 days from the date of the Order.

[3] I also ordered that P is at liberty to apply, by a formal application, for an extension of time to comply with the Order (if, for instance, the 21-day period is not enough for P to collate the documents and serve them on D7).

[4] On 26 April 2024 (three days later), P filed an Appeal to the Court Of Appeal against the Order to produce documents.

[5] On 30 April 2024, (seven days after the Order to produce documents), P filed this Application to stay the Order to produce documents, pending P's Appeal against it.

[6] Should P's Application for a stay be allowed?

P's Arguments

[7] P mounts two core arguments for a stay:

(1) P has merits in its Appeal; and

(2) i


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