Ntt Data Hong Kong Ltd v. Octo3 Ltd and Another

Read the full judgment text of HCA 3446/2016 on BabelCite. This High Court CFI judgment was delivered on 13 March 2018.

1. The starting point must be that an appeal does not operate as a stay of execution, and a successful litigant should not be deprived of the fruits of the litigation without a good reason. Unless the applicant can justify a stay by showing good reasons, a stay would not be ordered. That is trite.

Cited by 2 cases

Case No.HCA 3446/2016[2018] HKCFI 657
Court
High Court CFI
Date13 Mar 2018
Judge
Case Document
100%Judiciary

HCA 3446/2016

[2018] HKCFI 657

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 3446 OF 2016

____________

BETWEEN
  NTT DATA HONG KONG LIMITED Plaintiff
and
  OCTO3 LIMITED 1st Defendant
  TYRONE SHAUNESSY LYNCH 2nd Defendant

____________

AND

HCA 44/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 44 OF 2017

____________

BETWEEN
  OCTO3 LIMITED Plaintiff
and
  NTT DATA HONG KONG LIMITED Defendant

(heard together)

____________

Before: Hon Mimmie Chan J in Chambers (Open to public)
Date of Hearing: 13 March 2018
Date of Decision: 13 March 2018

_____________________

D E C I S I O N

_____________________

1.The starting point must be that an appeal does not operate as a stay of execution, and a successful litigant should not be deprived of the fruits of the litigation without a good reason. Unless the applicant can justify a stay by showing good reasons, a stay would not be ordered. That is trite.

2.I am not satisfied that there are strong grounds of appeal to constitute a good reason for the grant of a stay.

3.As to whether the appeal would be rendered nugatory, and the effect an immediate execution would have on the appellant as alleged, I bear in mind that audited accounts have been filed for the 2015 financial year only.  There are no audited accounts for the financial year 2016, and only management accounts have been filed for 2017.  No explanation has been given for the amounts owing to the related companies as shown in the 2015 accounts. 

4.Balancing that against the interests of NTT as the judgment creditor to have its debt paid without further delay and risks of non-recovery, I will reluctantly grant a stay pending appeal conditional upon Otto3’s payment into court within 14 days from today of 50% of the judgment debt of US$2.55 million.

5.The costs of the application will be in the cause of the appeal, provided that the condition of payment into court is met, failing which Otto3 should paid the costs of the application to NTT.  

  (Mimmie Chan)
  Judge of the Court of First Instance
High Court

Mr Leo Remedios and Ms Astina Au, instructed by Robert Lee Law Offices, for the plaintiff (in HCA 3446/2016) & for the defendant
(in HCA 44/2017)

Mr David Chen, instructed by Robertsons, for the 1st defendant (in HCA 3446/2016) & for the plaintiff (in HCA 44/2017)