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2016 MarsdenLR 232

HIGH COURT MALAYA KUALA LUMPUR
CHINA HARBOUR ENGINEERING COMPANY LTD – Appellant
Versus
LUNAR SHIPPING AGENCIES SDN BHD – Respondent
[Suit No: 27NCC-8-03-2015]



A court may grant a conditional stay pending appeal if specific financial criteria are met, ensuring no party is unjustly prejudiced.

Headnote:This judgment addresses the application to stay execution pending appeal. The court considered special circumstances for a stay, with findings based on court rules and financial viability. The central issue was whether a conditional stay could be granted. The court concluded that conditional stay was appropriate with stipulated financial terms.

Table of Content
1. questions on execution stay. (Para 1 , 2)
2. questions surrounding stay execution. (Para 3)
3. details of proceedings and property involved. (Para 4)
[1] This judgment discusses, amongst others, the following questions:

(1) in an application in court encl no 84 (court encl No 84) to stay the execution of this court's judgment after trial (Judgment) pending the disposal of the plaintiff company's (the plaintiff) appeal to the court of Appeal against the Judgment (the plaintiff's appeal), can the court grant a stay of execution of the Judgment pending the disposal of court encl No 84 (Ad Interim Stay)?;

(2) whether the court has the power to stay interpleader proceedings (which arises from the execution of the Judgment) pending the disposal of the plaintiff's appeal;

(3) whether the court should exercise its discretion to stay an assessment of damages to be conducted by the court Registrar (as ordered in the Judgment) pending the disposal of the plaintiff's appeal; and

(4) if there are no special circumstances to warrant a stay of execution of a monetary sum ordered to be paid in the Judgment (Monetary Sum) pending the disposal of the plaintiff's appeal, does the court have the power to grant a conditional stay of execution of the Monetary Sum (Conditional Stay), namely whether there should be a stay of execution of the Monetary Sum pending the disposal of the plaintiff's appeal with the condition that the plaintiff deposits the Monetary Sum:

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