Aliza Sulaiman JC:

GROUNDS OF JUDGMENT Introduction

[1]This is an appeal against the decision of the learned Sessions Court Judge (‘SCJ’) on 18.1.2021 in dismissing the Appellant’s application dated 19.11.2020 (encl. 6) for a stay of the proceedings pursuant to s 10Arbitration Act 2005Act 646] (‘AA 2005’); O. 69, r. 10 and O. 92, r. 4 of the Rules of Court 2012 (‘RoC 2012’); ss 415053Specific Relief Act 1950Act 137]; ss 6599Subordinate Courts Act 1948Act 92]; and/ or the inherent jurisdiction of the Court. The SCJ had also ordered the Appellant to pay costs of RM1,000.00 to the Respondent.

[2]After having read and considered the Record of Appeal (encl. 3) and the written submissions filed by the parties (encls. 5, 6, 8 and 9), I had dismissed the appeal with costs of RM2,500.00 to be paid by the Appellant to the Respondent, subject to allocatur.

[3]The Appellant is dissatisfied with the decision and is pursuing an appeal to the Court of Appeal. My reasons for the determination of this appeal are elaborated below.

[4]In these Grounds of Judgment (‘GoJ’), the parties shall be referred to as they are in the court below.

Background Facts

[5]According to the Statement of Claim dated 13.10.2020