Read the full judgment text of HCCT68/2003 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 17 August 2007 before Mr Recorder Kwok SC.
Stay of Execution — Appeal Procedure — Principles governing stay pending appeal; burden on appellant to show good reasons for stay including risk that appeal would be rendered nugatory or strong grounds for appeal — No automatic stay for money judgments. Plaintiff sued defendant for sum claimed; trial court dismissed plaintiff’s claim and entered judgment for defendant with costs. Plaintiff appealed and applied for stay pending appeal. Court considered evidential threshold including risk defendant unable to repay and strength of appeal. Various allegations against defendant including civil claim by third party, director criminal charges and licensing issues were examined but found unsupported by sufficient evidence. Defendant’s financial status affirmed in unchallenged affidavit. Balance favored respondent ensuring fruits of success not deprived. Court found plaintiff's appeal arguable but not strong nor accompanied by sufficient evidence to justify stay. Plaintiff’s summons dismissed with costs to defendant.
Legal issues: Stay of execution pending appeal
Outcome: Plaintiff's summons for stay of execution dismissed with costs to defendant
Cited by 1 case