Read the full judgment text of HCCT 9/2016 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 21 July 2017 before Hon Chow J.
Construction and Arbitration Proceedings — Arbitration Award Enforcement — Application for Stay Against Enforcement pending Related Action — Demand for Security — Leave to Appeal Against Refusal of Stay — Court held no general right to pre-trial security to protect costs or claim — Difficulties of enforcing foreign judgments and debtor's age and wealth insufficient to warrant stay — Offered security by debtor irrelevant to stay application. Dismissal of leave to appeal; payment out of funds into court allowed after 14-day period to permit further appeal application; costs awarded on indemnity basis to Award Creditor.
Legal issues: Whether leave to appeal against refusal to stay enforcement order should be granted
Outcome: Dismissed the Award Debtor’s leave application; dismissed interim stay application; allowed payment out application with 14-day stay
Cites 2 cases