Read the full judgment text of HCCT 74/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 8 September 1999 before Deputy Judge Li in Chambers.
Procedure – Stay of execution pending appeal – Partial summary judgment granted to Plaintiff for HK$1,756,004.95 – Defendant sought stay relying on alleged financial difficulties of Plaintiff supported by credit report and affidavits – Court considered established test from Atkins v. Great Western Railway requiring appellant to show no reasonable probability of recovering damages if paid pending appeal – Defendant’s 'new evidence' rejected as an attempt for a second bite of the cherry – Credit report found insufficient and unexplained – Plaintiff’s affidavits showed no insolvency – Burden on Defendant to prove no reasonable prospect of recovery – Application refused – Costs ordered for Plaintiff to be paid forthwith – Justice delayed is justice denied emphasized – Application dismissed in entirety with costs.
Legal issues: Stay of execution pending appeal · Costs of stay of execution application
Outcome: Defendant’s application for stay of execution pending appeal dismissed