[1] This is an appeal by the appellant against the decision of the High Court where the learned Judicial Commissioner, upon dismissing the respondents' application under s 404 of the Companies Act 2016 ( CA 2016) for judicial management order; subsequently, upon the respondents making an application for a stay of the order, the learned Judicial Commissioner granted an order to stay the order itself which refused the judicial management order. The appeal on the dismissal of the judicial management application is not before us. The appeal before us is limited to the stay of 'no order', related to the Originating Summons.

[2] The stay is rather unusual and when we asked the respondents whether there is any judicial precedent to stay an order of dismissal of an Originating Summons (OS) or writ itself, learned counsel for the respondents was candid and informed us that there was none, but attempted to convince us that they had made the application based on the Court of Appeal's decision in Ong Koh Hou @ Won Kok Fong v. Da Land Sdn Bhd & Ors, 2018 MarsdenLR 2303 .

[3] After hearing the submission of the parties, we allowed the appeal and find it necessary to write this judgment to ens

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