JUDGMENT

Muhammad Kamil Awang J:

This is the 6th defendant/third party (6D/TP) application for stay of all proceedings in respect of the action until the final disposal of the 3 appeals to the Court of Appeal in this action.

This plaintiff and 1st - 5th defendants opposed this application and prayed that it be dismissed with costs.

In the 6D/TP's Summons in Chambers dated 24 December 1998 (encl. 327) no ground for its application for stay was stated. The affidavit of David Goh of the same date in support of this application has not shown any special circumstances to invoke the discretion of the court to grant the stay sought. The court has not given any decision on the action proper and no execution of any order is pending. As such any allegation that the continuation of the proceedings pending the final disposal of the appeal may prove nugatory is irrelevant and highly speculative.

It may be noted that this power to grant a stay is discretionary and as such the applicant must provide adequate materials before the court for it to exercise its discretion.

In para. 4 of David Goh's affidavit, he alleged that -

Continuing with the proceedings presently before the disposal of the