Read the full judgment text of HCCT100/1998 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 29 September 2000 before Hon Suffiad J in Chambers.
Construction law – Interim payment – Application by defendant for stay of execution under Order 45, rule 11 of the Rules of the High Court in relation to interim payment ordered by Findlay J – Defendant alleges subsequent downward adjustment by ASD to works value showing overpayment – ASD’s adjustment not final and no formal claim of overpayment made – Court holds that stay of execution requires matters which would likely have prevented order if known at time – Defendant's financial difficulty not sufficient ground – Application dismissed with costs.
Legal issues: Stay of execution under Order 45, rule 11
Outcome: Defendant's application for stay of execution dismissed with costs