2011 MarsdenLR 3623

HIGH COURT, SANDAKAN
CHIN KUI FOB – Appellant
Versus
IGNATIUS LAI AH TSIOK LAI YUN HENG – Respondent
[Suit No: S22-08 Of 2009]

A stay of execution pending appeal requires the applicant to demonstrate special circumstances related to enforcement; a successful party should not lose the benefits of judgment without justification.

Headnote:(A) Law relating to stay of execution of judgment pending appeal, examples from Serangoon Garden Estate Ltd v. Ang Keng, Syarikat Berpakat v. Lim Kai Kok, and Kosma Palm Oil Mill Sdn Bhd v. Koperasi Serbausaha Makmur Bhd discussed. The general principle is that a successful party should not be deprived of the benefits of a judgment unless special circumstances exist.

(B) The onus lies on the applicant to demonstrate special circumstances for a stay, which must pertain to judgment enforcement, not merely to the appeal's merits.

(C) The court finds no indication of special circumstances justifying a stay of execution pending appeal, emphasizing the Defendant's right to the judgment fruits.

(D) The Plaintiff's appeal arguments were not deemed special circumstances meriting a stay. (E) The Defendant successfully counters that execution is a standard procedure post-judgment. (F) The stay application was dismissed, and costs were awarded to the Defendant. (Paras 1-5)

Facts of the case:
The Plaintiff sought a stay against a judgment which dismissed his case and granted an order favorable to the Defendant, pending appeal.

Findings of Court:
The Plaintiff did not prove special circumstances for a stay, hence dismissed the application with costs.

Issues: Whether special circumstances existed to warrant a stay of execution pending appeal.

Ratio Decidendi: Court emphasized that the onus is on the applicant to show special circumstances related to enforcement, affirming that the Defendant should enjoy the benefits of the judgment unless proven otherwise.

Result: Application for stay dismissed with costs.