Why was the daily RM10,000 payment deemed impractical for immediate execution?

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Court of Appeal Upholds Stay on Daily RM10,000 Payment Due to Practicality Concerns

The Court of Appeal upheld the High Court's decision to stay the execution of the RM37 million damages award to Pastor Raymond Koh's family, and the RM3 million award to activist Amri Che Mat's family, primarily due to the impracticality of the daily RM10,000 payment requirement. This ongoing disbursement of public funds was deemed unmanageable for immediate execution, necessitating the preservation of the status quo pending the final determination of the substantive appeals.
Daily Payment Requirement Rendered Execution Impractical

The High Court's judgment concerning Pastor Raymond Koh's case mandated a continuing payment of RM10,000 per day. This specific condition made the immediate enforcement of the judgment impractical, as it would involve the regular and recurring disbursement of public funds. The court found that this daily financial obligation presented a significant hurdle to immediate execution, prompting the stay.
Preservation of Status Quo During Appeal

Justice Alwi, delivering the judgment, stated that the High Court judge had correctly applied established principles for granting a stay. The decision was viewed as a rational exercise of discretion aimed at preserving the existing situation until all issues in the substantive appeal could be definitively resolved. This approach ensures that the appellate process is not rendered moot by premature enforcement actions.
Amanah Raya Berhad's Role and Statutory Rights

The Court of Appeal also addressed the argument that the appointment of Amanah Raya Berhad as trustee prevented the government from seeking a stay. The court clarified that the consent order was a procedural step to identify a trustee and was not intended as an unconditional waiver of the statutory right to seek a stay or an admission of liability. A stay, in this context, suspends enforcement without disturbing the original consent order.

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Why was the daily RM10,000 payment deemed impractical for immediate execution?

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