Read the full judgment text of CACV 152/2020 on BabelCite. This Court of Appeal judgment was delivered on 9 February 2024 before Yuen J, Au J, Lee J.
Civil procedure – stay of execution – costs order – application for stay pending appeal to Court of Final Appeal – leave to appeal dismissed – application moot – no arguable grounds for stay – costs summarily assessed. The Court of Appeal dismissed the applicant's application for a stay of the costs order made on 6 August 2021. The applicant's leave application to the Court of Final Appeal had already been dismissed on 9 May 2023, rendering the stay application academic. The applicant's six reasons for a stay either repeated arguments already rejected by the court or lacked substantive merit. The court applied the principles in Star Play Development Limited v Bess Fashion Management Co Ltd [2007] 5 HKC 84, noting that a stay requires at least an arguable ground of appeal, which was absent here. The application was dismissed and costs were summarily assessed at HK$35,634.
Legal issues: Stay of costs order pending appeal
Outcome: Application for stay of costs order dismissed.
Cited by 10 cases · Cites 1 case