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2018 MarsdenLR 1698
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]
Petitioner Advocates:Gopal Sri Ram,Elyaazura Md Shaarani,David Yii,Damien Chan ,Respondent Advocate: Preetha Pillai
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.
| Table of Content |
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| 1. application for stay of execution pending appeal. (Para 1) |
[1] The appellant/purchaser of a landed property filed an application in encl 7 for an order seeking for a stay of the decision of the High Court pursuant to s 44 as well as s 73 of Courts of Judicature Act 1964 (CJA 1964). In essence, the purchaser is seeking for specific performance and the vendor is saying that the agreement is terminated and wants to forfeit the deposit. The judgment was in favour of the vendor and the purchaser wants a stay pending appeal. Sections 44 and 73 of CJA 1964 read as follows:
"Incidental directions and interim orders
