Read the full judgment text of HCCT90/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 17 July 2002 before Hon Ma J in Chambers.
Procedure — Stay of execution pending appeal — Application by defendant to stay payment of judgment debt of $14,320,355 plus interest and costs pending appeal — Key issues whether the appeal has strong likelihood of success and whether refusal of stay would render appeal nugatory — Principles from RSC Order 59, rule 13(1) and relevant authorities applied — Court emphasized requirement for good reasons supported by strong evidence including financial documents — Defendant’s appeal found merely arguable, not strong — Defendant’s evidence of inability to pay judgment debt unconvincing and internally inconsistent — No sufficient evidence that judgment enforcement would cause financial ruin making appeal nugatory — Balance weighed against granting stay to avoid depriving successful party of fruits of judgment — Application dismissed with costs ordered against defendant.
Legal issues: Stay of execution pending appeal
Outcome: The defendant's summons for stay of execution was dismissed.
Cited by 37 cases