Introduction

[1] In this judicial review application under O. 53, the Islamic Financial Services Board ("IFSB"), the applicant, applied for an order of certiorari to quash the entire award ( Marlin Fairol Mohd Faroque v. Islamic Financial Services Board ; [2008] 2 ILR 664 (Award Number 867 of 2008) of the Industrial Court, and for an order to stay all proceedings to enforce this award until the final disposal of the substantive application. I granted leave to the applicant and, after hearing extended argument, agreed with applicant's counsel that this was a proper case to grant a stay of proceedings pending the disposal of the substantive application for certiorari. In granting the stay, I provided my reasons which in summary concluded that there were special circumstances on the facts of this application to warrant the grant of stay of proceedings.

The Stay Application

[2] The starting point has to be the very terms of O. 53 r. 3(5) itself, which is worded as follows:

The grant of leave under this rule shall not, unless the Judge so directs, operate as a stay of the proceedings in question.

[3] This provision has been meticulously analysed by her ladyship Lau Bee