Gopal Sri Ram JCA:

This is the judgment of the court.

This appeal raises a short point of procedure. Counsel for the respondent says that it is a point of much importance. With respect, my learned brothers and I do not agree. It is, we think, hardly likely to recur in the future.

The factual matrix against which the point arises need not be gone into in much detail.

There were monies in court that had been paid in by the respondent. After the trial was over, the respondent applied for payment out. The judge allowed that. The appellant at once asked for a stay because it wanted to take the matter further. The judge asked for a written application to be made. The appellant said that it would do so, but requested an interim stay in the meantime. The judge refused the request. The appellant then appealed against the refusal of the interim stay and applied to this Court for a stay pending appeal. That application went before the late Wan Adnan Ismail PCA. His lordship granted an interim stay, which was later extended by this court. All relevant proceedings before us in this regard have since been withdrawn and the only question that remains for disposal is one of costs.

Counsel