LIM JEN LIN @ LIM JEN LING v 1. ) PETRONAS REFINERY AND PETROCHEMICAL CORPORATION SDN BHD 2. ) PETROLIAM NASIONAL BERHAD

w-02ncvca-1033-06-2024 Court of Appeal (Mahkamah Rayuan) 3 July 2024 • W-02(NCvC)(A)-1033-06/2024 • 10 min read
5 cases cited (0 SG, 5 foreign)

Outcome

Conclusion [24] For the aforesaid reasons, we allow the stay of execution of the Order dated 21 May 2024, pending the full and final disposal of the appellant’s appeal to the Court of Appeal.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (w-02ncvca-1033-06-2024). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Stay of execution — Appeal to Court of Appeal — Application for stay of High Court Order pending disposal of appeal — High Court declared appellant a vexatious litigant and ordered publication in the Gazette — Whether "special circumstances" existed to justify a stay — Whether the appeal would be rendered nugatory if stay was refused — Irreversibility of publication in the Federal Gazette — Irreparable harm to personal and professional reputation — Balance of convenience — Courts of Judicature Act 1964, sections 44 & 73 — Rules of the Court of Appeal 1994, rule 13. Declaration and consequential orders — Order for publication of name in the Gazette — Restraint from instituting or continuing legal proceedings without leave of the High Court — Potential consequences of publication on employment and professional standing — Stay of execution of vexatious litigant order pending appeal. "Special circumstances" — "Nugatory" — "Status quo" — "Vexatious litigant" — Meaning and application in the context of a stay of execution pending appeal

Practice Areas

Civil Procedure

Judges (3)

Azizah binti Haji Nawawi Delivered Azizul Azmi bin Adnan Coram Choo Kah Sing Coram

Counsel (3)

Zul Rafique & Partners Firm Lee Shee Yee Counsel Respondent Siti Sarah Kamaruzaman Counsel Respondent

Parties (3)

PETROLIAM NASIONAL BERHAD Respondent PETRONAS REFINERY AND PETROCHEMICAL CORPORATION Sdn Bhd Respondent Lim Jen Lin @ Lim Jen Ling Appellant

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)
s 43 s 73

Cases Cited (5)

MY (5)
[1953] MLJ 116 [1983] 1 MLJ 406 [2002] 3 MLJ 49 [2004] 1 MLJ 257 [2022] 8 CLJ 817

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (w-02ncvca-1033-06-2024)