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2009 MarsdenLR 2263

COURT OF APPEAL PUTRAJAYA
BURSA MALAYSIA SECURITIES BHD – Appellant
Versus
GAN BOON AUN – Respondent


Petitioner Advocates:Lim Chee Wee,Ruth Garnet Maran ,Respondent Advocate: Lee Yit Siong,Cheah Sin Chan

JUDGMENT

Heliliah Mohd Yusof JCA:

[1] The appellant (the respondent in the High Court) namely Bursa Malaysia Securities Berhad (or Bursa) lodged an appeal against the decision of the High Court rendered on 28 March 2008 as follows:

(i) granting leave in the application for judicial review filed by the respondent in the appeal (the applicant in the High Court) namely Gan Boon Aun (GBA).

(ii) further allowing an oral application for an order to stay certain deliberations which were to have been made on 31 March 2008 by the appellant, Bursa.

[2] The application for leave filed by GBA sought to commence proceedings to obtain:

(a) An order of mandamus that the hearing and/or proposed deliberations brought by Bursa Malaysia Securities Berhad under its letters dated 19 February 2008 and 27 February 2008 against GBA pursuant to the provisions of the Bursa Malaysia Securities Berhad Listing Requirements (LR) be deferred sine die until after the final disposal of Kuala Lumpur Sessions Court Criminal case No 62A-302-07 and all appeals thereof, on the grounds stated in the statement in support of the application for leave.

(b) An order of Prohibition and/or Injunction against Bursa Malaysia Securitie

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