Read the full judgment text of CACV 000127/1980 on BabelCite. This Court of Appeal judgment was delivered on 31 July 1980 before Huggins and Cons, JJ. A. and Bewley, J..
Civil procedure – winding up – stay pending appeal – jurisdiction – Companies Ordinance (Cap 32) s.209 – Rules of the Supreme Court Order 59 rule 13 – Companies (Winding-up) Rules rule 210 – English practice – In re A & B.C. Chewing Gum Ltd. [1975] 1 W.L.R. 579 – Re Reliance Properties Ltd. [1951] 2 All E.R. 327 – The petitioning creditor obtained a winding-up order against the company on the ground of statutory insolvency. The company applied for and was granted a stay pending appeal. The petitioning creditor appealed against the stay order. The Court of Appeal held that section 209 of the Companies Ordinance provides the exclusive basis for staying winding-up proceedings and does not include the company as an applicant, so there is no jurisdiction to grant a stay pending appeal. Alternatively, even if jurisdiction existed, the English practice of never granting a stay pending appeal should be followed, and the judge gave no reasons for departing from it. Appeal allowed; stay order set aside.
Legal issues: Jurisdiction to grant stay of winding-up order pending appeal · Exercise of discretion to grant stay of winding-up order pending appeal
Outcome: Appeal allowed; stay order set aside.