Stone World Sdn Bhd v Engareh (M) Sdn Bhd [2020] 2 MLJ 208

COURT OF APPEAL (PUTRAJAYA)
UMI KALTHUM, ZABARIAH YUSOF AND HANIPAH FARIKULLAH JJCA
CIVIL APPEAL NO W-02(NCVC)(A)-2124-10 OF 2018
13 November 2019

Civil Procedure — Judgments and orders — Consequential orders — Whether High Court had inherent jurisdiction/power to grant consequential orders to give effect to its earlier judgment — Whether consequential orders necessary to achieve justice or prevent abuse of process of court — Whether consequential orders particularly useful in providing justice to a party faced with an opponent bent on defying whatever judgment or order pronounced by the court — Whether in such cases the court’s exercise of its inherent power to grant consequential orders did not breach the principle of functus officio or amount to altering or varying the terms of a final judgment — Whether consequential orders often necessary to ‘work out’ the initial judgment so as to give effect to it