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HIGH COURT MALAYA SHAH ALAM
PORT KELANG AUTHORITY – Appellant
Versus
DATIN PADUKA PHANG OI CHOO @ PHANG AI TU; TAN SRI DATUK G GNANALINGAM & ORS.... – Respondent
| Table of Content |
|---|
| 1. factual basis for civil proceedings. (Para 1 , 2 , 5) |
| 2. defendant's application for stay due to pending criminal charges. (Para 3) |
| 3. concerns over potential injustice in concurrent trials. (Para 6 , 9 , 10) |
| 4. assess implications of simultaneous civil and criminal trials. (Para 7) |
| 5. explore risks of injustice due to public exposure. (Para 8 , 28) |
| 6. defense arguments relating to prejudice in case. (Para 11 , 12 , 13) |
| 7. evaluate substantial similarity between proceedings. (Para 14 , 26) |
| 8. timeliness and credibility in motion for stay. (Para 15 , 17 , 20) |
| 9. evaluating similarity and relevance of claims. (Para 27 , 31) |
[1] This judgment is in respect of the Defendant ('D')'s Notice of Application ('N/A') dated 12 May 2015 (Encl 79) for a stay of the full trial of the present Civil suit pending the disposal of criminal proceedings that D currently faces in the Klang Sessions Court which was commenced in 2009.
Brief Facts
[2] The relevant background facts to the Plaintiff ('P')'s claim are well summarized in D's Written Submission which I adopt, as follows:
"The Plaintiff's Claim
In the present action ('Civil Proceedings'), the Plaintiff ('PKA') has commenced a claim against
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