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2016 MarsdenLR 398

HIGH COURT MALAYA KUALA LUMPUR
CHINA HARBOUR ENGINEERING COMPANY LTD – Appellant
Versus
LUNAR SHIPPING AGENCIES SDN BHD – Respondent


Table of Content
1. questions on execution stay. (Para 1 , 2)
2. questions surrounding stay execution. (Para 3)
3. details of proceedings and property involved. (Para 4)
[1] This judgment discusses, amongst others, the following questions:

(1) in an application in court encl no 84 (court encl No 84) to stay the execution of this court's judgment after trial (Judgment) pending the disposal of the plaintiff company's (the plaintiff) appeal to the court of Appeal against the Judgment (the plaintiff's appeal), can the court grant a stay of execution of the Judgment pending the disposal of court encl No 84 (Ad Interim Stay)?;

(2) whether the court has the power to stay interpleader proceedings (which arises from the execution of the Judgment) pending the disposal of the plaintiff's appeal;

(3) whether the court should exercise its discretion to stay an assessment of damages to be conducted by the court Registrar (as ordered in the Judgment) pending the disposal of the plaintiff's appeal; and

(4) if there are no special circumstances to warrant a stay of execution of a monetary sum ordered to be paid in the Judgment (Monetary Sum) pending the disposal of the plaintiff's appeal, does the court ha

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