Read the full judgment text of HCCT 123/2000 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 27 December 2000 before Hon Chung J in Chambers.
Procedure — Interim stay of execution — Default judgment — Arbitration Ordinance s.6(1) — Stay of proceedings pending arbitration — Jurisdiction — Court discretion. Defendant applied for an interim stay of execution of a default judgment pending a stay application for arbitration to be heard. The writ was issued in November 2000, default judgment entered December 2000, and arbitration stay hearing scheduled for January 2001. The court considered the short stay period would not unduly prejudice the Plaintiffs and there was no risk of undue delay as the court was fully aware of the matter. The court granted an interim stay of execution of judgment until the arbitration stay application hearing date. Orders followed accordingly.
Legal issues: Interim stay of execution of default judgment
Outcome: Interim stay of execution of the default judgment granted until 12 January 2001
Cites 1 case