Haller Ag and Another v. Vestey International Group Ltd and Another
Read the full judgment text of CAMP 85/2022 on BabelCite. This Court of Appeal judgment was delivered on 31 March 2023 before Chu VP, G Lam JA.
Civil procedure – stay of execution – leave to appeal to Court of Final Appeal – Court of Appeal judgment dated 21 November 2022 ([2022] HKCA 1743) awarding costs to 2nd defendant – plaintiffs' summons dated 13 January 2023 seeking stay of execution of summary assessment of costs – Court of Appeal's refusal of leave to appeal on 20 February 2023 ([2023] HKCA 213) – plaintiffs' letter dated 1 March 2023 seeking interim 28-day stay to consider applying to Appeal Committee – whether stay of execution should be granted where underlying appeal is no longer pursued – Hong Kong Court of Final Appeal Ordinance (Cap 484) s.24(4) prescribing 28-day period for further application – 2nd defendant's Court of Appeal costs summarily assessed at HK$58,300 ([2023] HKCA 274) – dismissal of both stay summons and interim stay application with costs on a nisi basis.
Legal issues: Whether to grant stay of execution pending application for leave to appeal to Court of Final Appeal
Outcome: Plaintiffs' summons for stay of execution dated 13 January 2023 and their application by letter dated 1 March 2023 for an interim stay of execution both dismissed with costs.
Cites 4 cases
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CAMP 85/2022 & CACV 454/2022 [2023] HKCA 497 CAMP 85/2022 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL MISCELLANEOUS PROCEEDINGS NO 85 OF 2022 (ON AN INTENDED APPEAL FROM HCA NO 2988 OF 2018) ________________________ BETWEEN
________________________ CACV 454/2022 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO 454 OF 2022 (ON APPEAL FROM HCA NO 2988 OF 2018) ________________________ BETWEEN
________________________ (Heard together)
________________________ DECISION ________________________ Hon G Lam JA (giving the Decision of the Court): 1.By summons dated 13 January 2023, the plaintiffs applied for a stay of execution of G Lam JA’s order dated 6 December 2022 directing summary assessment of the costs awarded to the 2nd defendant in this Court’s judgment dated 21 November 2022 ([2022] HKCA 1743), pending determination of the plaintiffs’ application to this Court by notice of motion dated 16 December 2022 for leave to appeal to the Court of Final Appeal. 2.Summary assessment was subsequently limited, by further directions, to the costs incurred in the Court of Appeal (which were summarily assessed in our decision issued on 3 March 2023: [2023] HKCA 274). 3.On 20 February 2023, this Court dismissed the plaintiff’s application for leave to appeal ([2023] HKCA 213). By letter dated 1 March 2023, the plaintiffs accepted that their stay application in the summons had fallen away, but they sought an order for an interim stay for 28 days, for them to consider applying to the Appeal Committee of the Court of Final Appeal for leave to appeal. 4.The plaintiffs did not make a further application to the Appeal Committee for leave to appeal on or before 20 March 2023, i.e. 28 days after this Court’s refusal of leave to appeal, as prescribed by section 24(4) of the Hong Kong Court of Final Appeal Ordinance (Cap 484), and have since confirmed that they have decided not to proceed with any further application for leave to appeal. 5.In these circumstances, the plaintiffs’ summons for stay of execution dated 13 January 2023 and their application by letter dated 1 March 2023 for an interim stay of execution both fall to be dismissed with costs. 6.On a nisi basis, we order the plaintiffs to pay the 2nd defendant’s costs, summarily assessed in the total sum of $58,300.
Messrs. Lau, Horton & Wise LLP, for the Plaintiffs (Respondents) Messrs. DLA Piper Hong Kong, for the 2nd Defendant (Appellant) |
Cases cited in this judgment
Further hearings and rulings under CAMP 85/2022