JUDGMENT

Abdul Malik Ishak J:

Introduction

[1] I gave an order on 11 December 2006 that the High Court Civil Suit No: S4-22-23-77-2005 ("S4 suit") be transferred to this Court and heard after the adjudication of the present proceedings vide the High Court Civil Suit No: S6-23-74-2005 ("S6 suit"). Aggrieved by that decision, the plaintiff has since filed an appeal to the Court of Appeal. I have since written a judgment and it has not been reported and for convenience it shall be referred to as the "first judgment".

[2] The plaintiff now filed an application in encl. 35 seeking a stay until the full and final determination of the plaintiff's appeal to the Court of Appeal against my decision as reflected in the first judgment. The plaintiff too sought for a stay to enable the trial and final determination of the Kuala Lumpur High Court Civil Suit No: D4-22-1682-2005 ("D4 suit") involving the same parties as in the S6 suit. Whereas the plaintiffs in the S4 suit were the directors of the present plaintiff while the defendant is the present defendant.

To The Heart Of The Matter

[3] The plank of the plaintiff's arguments may be stated in this way. That the stay must be granted to enable the tri