PUBLIC BANK BERHAD v G.M.P. MASYHUR SDN. BHD.
10 cases cited
(0 SG, 10 foreign)
Outcome
Page 13 of 14 [33] For these reasons, I dismiss this Application (for a stay) with costs of RM7K to be paid by D to P by 26.12.2024. Costs are subject to the allocatur.
Catchwords
1. In this Originating Summons (OS), the Plaintiff bank (P) obtained an Order For Sale against the Defendant borrower (D) over a charged property (Property). Within this OS, there were multiple proceedings between the parties. 2. After obtaining the Order For Sale, P obtained from the Registrar an Order For Directions, which set the reserve price (for the auction of the Property) and fixed the auction date. D appealed to the Judge in chambers against the Registrar’s Order For Directions. The Judge struck out D’s appeal to the Judge in chambers. D appealed to the Court Of Appeal against the Judge’s decision. 3. D then files an application to stay the auction of the Property, pending D’s appeal to the Court Of Appeal against the Judge’s decision (and pending D’s other appeal to the Court Of Appeal in another case). 4. Should a stay be granted?
Practice Areas
Judges (1)
Counsel (4)
Statutes Cited
Courts of Judicature Act 1964 (Cap 91)
Courts Of Judicature Act 1964
s 73
National Land Code (Cap 828)
Rules of Court 2012
Cases Cited (10)
MY (10)
[1953] 1 MLJ 116 [1953] 1 MLRH 690 [2002] 3 AMR 2867 [2002] 3 CLJ 380 [2003] 2 CLJ 514 [2003] 3 AMR 181 [2003] 4 CLJ 1 [2003] 4 MLJ 618 [2003] 5 AMR 758 [2004] 1 MLJ 257
Judgment
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