Read the full judgment text of HCA 000122/2005 on BabelCite. This High Court CFI judgment was delivered on 27 July 2005 before Sakhrani J.
Civil procedure – stay of execution – appeal – O.47 r.1 – second application for stay of execution on same grounds – whether permissible after first application dismissed by a Master – whether remedy is by appeal to a higher court – defendant obtained two orders from Master Au-yeung on 29 June 2005 – defendant issued notice of appeal on 6 July 2005 with appeal fixed for 5 August 2005 – defendant applied by summons on 8 July 2005 before the Master for a stay of execution under O.47 r.1 – Master dismissed the stay application on 13 July 2005 – defendant then filed a further summons dated 15 July 2005 before a judge seeking the same stay on the same grounds – plaintiff took preliminary point that the second summons was misconceived – issue whether a second stay application may be brought on the same grounds after dismissal by a Master – court referred to principle in Hong Kong Civil Procedure 2004 and Sanyo Electric Trading Co. Ltd v. Leung Kwok Hing [1993] 1 H.K.L.R. 253 that a judgment debtor cannot make a further stay application on the same grounds – proper remedy is appeal to a higher court – second summons held to be misconceived and dismissed.
Legal issues: Whether a second application for stay of execution under O.47 r.1 is permissible on the same grounds after a first application was dismissed by a Master
Outcome: Defendant's summons for a stay of execution pending appeal dismissed as misconceived.
Cited by 3 cases · Cites 1 case