Read the full judgment text of HCCL 3/2024 on BabelCite. This HCCL judgment was delivered on 13 October 2025 before Hon Cheng J.
Commercial action – stay of execution pending appeal – letter of credit – jurisdiction – forum dispute – Star Play v Bess Fashion [2007] 5 HKC 84 – whether defendant has shown good reasons to justify a stay – arguable appeal is minimum requirement but not sufficient – strong appeal would usually enable stay – need to show appeal would be rendered nugatory without stay – burden on appellant – Plaintiff is licensed Hong Kong bank claiming 63m RMB plus interest under letter of credit – Defendant's appeal relates to jurisdiction and may dispose of underlying proceedings – Court of Appeal granted leave and directed early hearing – risk of conflicting decisions remote as trial unlikely before 2027 – Defendant can seek direction at CMC to fix trial after appeal – wasted costs are monetary and compensable – bulk of costs already spent – only single joint expert report on PRC law remaining – stay would likely delay trial and risk loss of key witnesses due to staff turnover and retirement – Defendant has not shown good reasons for stay – application dismissed.
Legal issues: Whether to grant a stay of execution pending appeal
Outcome: Defendant's summons for a stay of execution pending appeal is dismissed.
Cited by 2 cases · Cites 1 case