RENEW CAPITAL SDN BHD & ORS v. ADM VENTURES (M) SDN BHD & ANOR AND ANOTHER APPEAL

[2022] 5 MLRA 303

RENEW CAPITAL SDN BHD & ORS v. ADM VENTURES (M) SDN BHD & ANOR AND ANOTHER APPEAL
Court of Appeal, Putrajaya
Lee Swee Seng, Hadhariah Syed Ismail, Supang Lian JJCA
[Civil Appeal Nos: W-02(NCC)(W)-1528-08-2021 & W-02(NCC)(W)-1595-08-2021]
9 June 2022

JUDGMENT

Lee Swee Seng JCA:

[1] This judgment of the Court explores whether "special circumstances" exist under which the execution of payment of a judgment debt may be stayed unconditionally and if not, whether there are factors that the Court may nevertheless have regard to that may justify a conditional stay of either the whole or part of the judgment sum pending the disposal of an appeal.

[2] The appellants were dissatisfied with part of the judgment of the High Court which heard their related disputes with the respondents in some suits consolidated and heard together. They have thus filed two applications both in encl 4 in NU 4 for Civil Appeal No: W-02(NCC)(W)-1528-08-2021 and NU5 for Civil Appeal No: W-02(NCC)(W)-1595-08-2021 to stay the execution of the judgments of the High Court below where the appellants had filed two separate appeals to the Court of Appeal.

[3] The appellants may be collectively and conveniently referred to as the Renew Capital (M) Sdn Bhd's parties or "RC Parties" and the respondents as the ADM Ventures (M) Sdn Bhd's parties or the "ADM Parties". A helpful summary of the parties prepared by the appellants' solicitors as they appeared in the High Court is set out in the table below; encapsulating the enmeshment of a ruptured business joint-venture:

[4] Suit 245 is Suit No: WA-22NCC-245-06-2016 in the Kuala Lumpur High Court where the plaintiffs there are ADM, Arrasu and Maren as the 1st to the 3rd plaintiffs respectively and RC, TN, Marcus, Dilantha and GTG are the 1st to the 5th defendants respectively.

[5] OS 47 is Originating Summons No: WA-24NCC-47-02-2016 in the Kuala Lumpur High Court where ADM is the plaintiff and the RC, TN, TK, Marcus, Dr Neil, Dilantha, Faizal Maulana bin Hassan Kutti, City Motorsports Sdn Bhd and GTG as the 1st to the 9th defendants respectively.

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