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HIGH COURT MALAYA SHAH ALAM
LINSUN ENGINEERING SDN BHD – Appellant
Versus
SHIN EVERSENDAI ENGINEERING (M) SDN BHD – Respondent
| Table of Content |
|---|
| 1. application for stay of execution pending appeal. (Para 1 , 2 , 3) |
| 2. background of contractual relationship and judgment. (Para 4 , 5 , 6 , 7) |
| 3. defendant's arguments for stay of execution. (Para 8 , 9 , 10 , 11) |
| 4. plaintiff's objections to stay of execution. (Para 12 , 13 , 14 , 15) |
| 5. legal standards for granting stay of execution. (Para 16 , 17 , 18 , 19 , 20) |
| 6. special circumstances for stay of execution. (Para 21 , 22 , 23 , 24 , 25) |
| 7. financial standing of the plaintiff. (Para 26 , 27 , 28 , 29 , 30 , 31) |
| 8. court's decision on conditional stay of execution. (Para 32 , 33 , 34) |
Introduction
[1] This is the Defendant's application filed in the Writ Summons: 22C-8-04/2015 at encl 242 for a Stay of Execution of the enforcement of the Judgment dated 19 December 2022 pending the disposal of the Defendant's appeal at the Court of Appeal (the encl 242 Application).
[2] The Defendant and the Plaintiff had filed their respective Affidavits and Submissions and a hearing was held on 14 April 2023 before me. Upon hearing both parties, an oral decision was delivered by me on 18 April 2023 allowing a Conditional Stay of Execution of the enforcement of the
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