ABDUL HAMID MOHAMAD, KC VOHRAH, FAIZA TAMBY CHIK JJCA
MING ANN HOLDINGS SDN BHD – Appellant
Versus
DANAHARTA URUS SDN BHD – Respondent
(53) The court, through the judgment of Gopal Sri Ram JCA, found, at p 611, that:
It is clear from the authorities that the substantive appeal, based
upon a single point of interpretation, lacks all merit and is doomed to
failure.
(54) On ‘special circumstances’, the learned judge says at p 605:
At one time it was thought that an appellant had to demonstrate that
there were special circumstances warranting a stay of proceedings or of
execution. This was founded on the notion that a successful litigant
ought not to be deprived of the fruits of his litigation. See the case
of The Annot Lyle (1886) 11 PD 114. The authority constantly relied
upon in support of the proposition that special circumstances ought to
be demonstrated before a stay of execution may be granted is the
judgment of Brown J in Serangoon Garden Estate Ltd v Ang Keng
[1953] MLJ 116. For my part, having considered the more recent
authorities on the subject, I have come to the conclusion that that
decision is bad law, and ought no longer to be followed by this court.
(55) The learned judge then quotes from the judgment of Chan Se
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