Golden Plus Holdings Berhad & Ors v Shiu Fai Fong

Appellant(s):

• Golden Plus Holdings Berhad
• Golden Plus Construction Sdn Bhd
• Golden Plus (Bvi) Pte Ltd
• Sri Serdang Sdn Bhd
• Paradize Bazaar Sdn Bhd
• Venice Heights Sdn Bhd
• Hanpopular Sdn Bhd
• Yanfull Investments Limited
• Yanfull (Shanghai) Co. Ltd

Respondent(s): Tan Say Han

• YA Datuk Ravinthran a/l Paramaguru
• YA Dato' Faizah Binti Jamaludin
• YA Dato' Sri Latifah Binti Haji Mohd Tahar

• The nine appellants, as plaintiffs in the High Court, obtained a judgment for substantial sums exceeding RM133 million against multiple defendants, including the present respondents.
• The High Court subsequently granted the respondents a stay of execution of the monetary parts of the judgment and the costs order, pending the disposal of their appeals against the High Court judgment.
• The appellants appealed against the High Court's decision to grant these stays of execution, leading to four appeals being heard together by the Court of Appeal.

• Whether the High Court Judge correctly determined that "special circumstances" existed to justify granting a stay of execution in favour of the respondents.
• Whether factors such as impecuniosity, potential bankruptcy, the need to liquidate assets, or personal circumstances (e.g., age, disability) constitute "special circumstances" under the governing legal principles for a stay of execution.
• Whether the appellants' proposal for a stakeholder arrangement adequately addresses the respondents' concern that their appeals would be rendered nugatory if the judgment sum was paid directly.

• The Court of Appeal allowed all four appeals, setting aside the High Court's orders that granted unconditional stays of execution.
• The Court held that financial hardship, potential bankruptcy, the necessity of liquidating assets, or personal circumstances are ordinary consequences of an adverse money judgment and do not, in law, amount to "special circumstances" as required by established authorities like *Kosma Palm Oil Mill Sdn Bhd & Ors v Koperasi Serbausaha Makmur Bhd*.
• The Court ordered the respondents to pay the total judgment sum, with accrued interest, to the appellants' solicitors to be held in an interest-bearing stakeholder account, thereby neutralising any risk of the appeals being rendered nugatory and balancing the rights of both parties.