Read the full judgment text of HCCT55/2001 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 11 March 2002 before Hon Burrell J in Chambers.
Construction and arbitration proceedings; application to stay enforcement of ICC arbitration award judgment pending appeal; defendant alleged inability to pay judgment debt of approx. $48 million; court requires defendant either to pay judgment sum into court or demonstrate exceptional circumstances for stay; defendant failed to show satisfactory evidence of inability to pay despite assets valued at $243 million and recent large property sales; normal rule against stays applied; liquidators may pursue appeal if winding-up proceeds; plaintiff has ample funds to repay if needed; application for stay refused with costs.
Legal issues: Whether to grant stay of enforcement pending appeal
Outcome: Application for stay of enforcement pending appeal refused with costs.