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20 June 2024

Can a litigant’s right to savour the fruits of victory be thwarted? Yes, if the legal threshold of “special circumstances” justifying the grant of such a stay are demonstrated and met.


Our Legal Associates, Lee Sheen Yee and Sarah Kamaruzaman from our Litigation Practice Group have successfully resisted an application for a stay of execution (“Application”) which was filed together with a certificate of urgency to amongst others restrain the Respondents from executing the Court Order dated 21.05.2024 (“Court Order”).

The Application was heard the following day after the filing of the said Application and the Applicant has amongst others relied on the grounds of “loss of reputation” and “loss of chances of employment” in the event that the Respondents proceed to execute the term of the Court Order, particularly the publication of the Court Order in the Gazette.

In response, the Respondents had in essence submitted that the Applicant did not succeed in establishing the existence of “special circumstances” in support of the Application. The grounds attempted to be relied on by the Applicant is in gist and pith, nothing more than the “fear of losing reputation, “fear of losing goodwill” or “fear of not being able to securing a job” and such grounds do not tantamount to “special circumstances”. In addition, it is inequitable for the Applicant to “say freeze” and for the stay to be granted when the Court Order is scheduled to be gazetted in the Federal Government Gazette the following day.

Having heard both parties, the High Court Judge had then dismissed the Applicant’s Application with costs.


For more insights into this area of law, please contact our Litigation Partners:
P Jayasingam
Wong Keat Ching
Thavaselvi Pararajasingam
Idza Hajar Ahmad Idzam
Nan Muhammad Ridhwan Rosnan
Nur Syafinaz Vani Abdullah


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