Abdul Aziz Mohamad JCA:

[1] The appellant company, having been refused by the High Court at Shah Alam on 2 December 2002, applied to this Court for a stay of execution, pending appeal, of an order given on 7 January 2002 by that High Court for the sale under s 256 of the National Land Code of three lots of land belonging to them that they had charged to the respondent company as security for loans provided by the respondent company to them. The appeal that is pending is the appellant company's appeal to this Court from the order of sale of 7 January 2002.

[2] It was noted that according to the title to the notice of motion by which the application for stay of execution was made to this Court, the application was made under s 44 of the Courts of Judicature Act 1964. That section confers general powers on a single judge of this Court to make, in any proceedings pending before this Court, incidental directions and interim orders and orders concerning security for costs. In the submissions before us on the stay application, there was some argument as to whether the appropriate section should be s 44 or s 73, which is specifically about stay of execution pending appeal to this Co