Read the full judgment text of CACV 285/1998 and CACV 346/1998 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 7 April 2000 before Mayo V-P, Keith JA and Ribeiro JA.
Procedure — Stay of execution pending appeal — Whether to grant stay on judgment against Third Party whose only asset is building valued less than judgment debt including interest — Balancing possible injustices to Defendant and Third Party — Conditions for stay requiring appointment of receiver and payment into court — Third Party refused to pay into court — Stay refused. Third Party's sole asset, the building, is worth less than judgment debt including accrued interest. Defendant seeks sale pending appeal to avoid further loss; Third Party seeks stay to avoid forced sale if appeal succeeds. Court held stay is exceptional and only justified if Defendant is protected by a receiver managing building and money paid into court. As Third Party offered no such protection, stay refused. Application dismissed by Court of Appeal on 7 April 2000, with matter now for Judge Burrell to consider order for sale and handling of sale proceeds.
Legal issues: Whether to grant stay of execution pending appeal
Outcome: Application for stay of execution pending appeal dismissed.
Cited by 5 cases · Cites 1 case