The court elaborates that a stay of civil proceedings pending criminal trials must be justified by special circumstances, highlighting the essential balance between the rights of both parties.

[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 the Defendant alleging, amongst others, that the Defendant had breached her fiduciary and/or common law duties to PKA

1. The Defendant is sued in her capacity as the General Manager and Board member of PKA.

2. Based on the Amended Statement of Claim, there are 15 allegations of breaches brought against the Defendant, pertaining to the decision(s) made in respect of the Port Kelang Free Zone Project ('PKFZ Project')

Amongst the breaches complained of by PKA, the following breaches are pertinent and relevant to the determination of Encl 79:

1. That the Defendant had agreed to the proposed revision works to be carried out to the Monsoon Drain and Water Supply system amounting to RM 254,850.00 which had the effect of causing the said sum to be paid to KDSB; and

2. The Defendant had failed to query KDSB on the status of Infrastructure Work carried out, thereby causing PKA to make payment in the sum of RM 138,767,000.00 based on Notice of Payment issued by KDSB."

Grounds In Support Of Encl 79

(1) There are concurrent civil and criminal proceedings involving the Defendant in respect of the same subject matter;

(a) the criminal proceedings have commenced with 2 prosecution witnesses already being called; and

(b) trial dates for the criminal proceedings have been fixed, all of which are fixed for 2015.

(2) The civil and criminal proceedings involve the same factual matrix which will potentially involve calling the same witnesses and having to produce the same documents before this Honourable Court;

(3) In the event civil proceedings are allowed to take place and proceed before the trial of the Criminal Proceedings are fully and finally adjudicated and disposed of, the Defendant will lose her right to remain silent and not give evidence until her defence is called upon in the criminal proceedings;

(4) Any evidence the defendant gives in the civil proceeding could potentially be incriminating and used in the course of the criminal proceedings' trial;

(5) There is a real danger of the causing of injustice to the Defendant that will lead to a potential miscarriage of justice on the Criminal Proceedings;

(6) As criminal proceedings are currently ongoing, copies of original documents that are potentially relevant to the civil suit are being utilised in the proceedings therein and consequently the same will not be available to be put before this Honourable Court during the trial of the civil suit.

(7) There is also a strong likelihood that the civil proceedings would attract extensive publicity which could further undermine the Defendant's defence in the Criminal Proceedings; and

(8) There are special circumstances and the balance of justice warrants a stay of proceedings of the Plaintiff's claim in this suit against the Defendant.

Criminal Charges Against The Defendant

[3] The crim