Stay of proceedings in Malaysia a lis alibi pendens / Norfini Saad

A stay of proceedings has always been a controversial issue in the field of law. The courts having the inherent jurisdication to grant a stay of action, sometimes, find it difficult in applying the accepted principles. Conflicting consideration between the plaintiffs and defendants makes it even mor...

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Main Author: Saad, Norfini
Format: Student Project
Language:English
Published: Faculty of Law 1987
Subjects:
Online Access:http://ir.uitm.edu.my/id/eprint/27904/
http://ir.uitm.edu.my/id/eprint/27904/1/PPd_%20NORFINI%20SAAD%20LW%2087_5.pdf
id uitm-27904
recordtype eprints
spelling uitm-279042020-01-29T09:18:55Z http://ir.uitm.edu.my/id/eprint/27904/ Stay of proceedings in Malaysia a lis alibi pendens / Norfini Saad Saad, Norfini K Law in general. Comparative and uniform law. Jurisprudence A stay of proceedings has always been a controversial issue in the field of law. The courts having the inherent jurisdication to grant a stay of action, sometimes, find it difficult in applying the accepted principles. Conflicting consideration between the plaintiffs and defendants makes it even more so. It is therefore the aim of this Project Paper to discuss cases involving the stay of proceedings , specially those concerning lis alibi pendens. Through out the years numerous cases had developed involving application by litigants for the stay of proceedings. We then began to realise that in the 19th. century, the well known test was the vexatious and oppressive test. However as the law began to expand the Courts started to take a different approach. The forum natural and forum conveniens tests were introduced. The courts then were not hesitant to depart from the old test. However various conflicting grounds made it quite difficult for the Court to find out which test is the most appropriate. Faculty of Law 1987 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/27904/1/PPd_%20NORFINI%20SAAD%20LW%2087_5.pdf Saad, Norfini (1987) Stay of proceedings in Malaysia a lis alibi pendens / Norfini Saad. [Student Project] (Unpublished)
repository_type Digital Repository
institution_category Local University
institution Universiti Teknologi MARA
building UiTM Institutional Repository
collection Online Access
language English
topic K Law in general. Comparative and uniform law. Jurisprudence
spellingShingle K Law in general. Comparative and uniform law. Jurisprudence
Saad, Norfini
Stay of proceedings in Malaysia a lis alibi pendens / Norfini Saad
description A stay of proceedings has always been a controversial issue in the field of law. The courts having the inherent jurisdication to grant a stay of action, sometimes, find it difficult in applying the accepted principles. Conflicting consideration between the plaintiffs and defendants makes it even more so. It is therefore the aim of this Project Paper to discuss cases involving the stay of proceedings , specially those concerning lis alibi pendens. Through out the years numerous cases had developed involving application by litigants for the stay of proceedings. We then began to realise that in the 19th. century, the well known test was the vexatious and oppressive test. However as the law began to expand the Courts started to take a different approach. The forum natural and forum conveniens tests were introduced. The courts then were not hesitant to depart from the old test. However various conflicting grounds made it quite difficult for the Court to find out which test is the most appropriate.
format Student Project
author Saad, Norfini
author_facet Saad, Norfini
author_sort Saad, Norfini
title Stay of proceedings in Malaysia a lis alibi pendens / Norfini Saad
title_short Stay of proceedings in Malaysia a lis alibi pendens / Norfini Saad
title_full Stay of proceedings in Malaysia a lis alibi pendens / Norfini Saad
title_fullStr Stay of proceedings in Malaysia a lis alibi pendens / Norfini Saad
title_full_unstemmed Stay of proceedings in Malaysia a lis alibi pendens / Norfini Saad
title_sort stay of proceedings in malaysia a lis alibi pendens / norfini saad
publisher Faculty of Law
publishDate 1987
url http://ir.uitm.edu.my/id/eprint/27904/
http://ir.uitm.edu.my/id/eprint/27904/1/PPd_%20NORFINI%20SAAD%20LW%2087_5.pdf
first_indexed 2023-09-18T23:19:13Z
last_indexed 2023-09-18T23:19:13Z
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