2018 MarsdenLR 2303

COURT OF APPEAL PUTRAJAYA
ONG KOH HOU @ WON KOK FONG – Appellant
Versus
DA LAND SDN BHD & ORS – Respondent
[Civil Appeal No: B-02(NCVC)(W)-487-03-2018]

A statutory right of appeal must be preserved, allowing for stays of execution even in the absence of special circumstances under sections 44 and 73 of the CJA 1964.

Headnote:The judgment examines the appellant's application for a stay under sections 44 and 73 of the Courts of Judicature Act 1964, emphasizing the conditions for granting stays. The court recognized the distinction between the merits of the appeal and the necessity to prevent execution based on a claimed right to appeal. It concluded that the stay is necessary to preserve the integrity of the appellate process. The court determined the necessity of granting the stay, reinforcing the importance of statutory rights over procedural fetters.