Read the full judgment text of CACV 67/2012 on BabelCite. This Court of Appeal judgment was delivered on 23 May 2013 before Hon Cheung JA, Hon Lam JA.
Civil procedure – stay of execution pending appeal – costs order – principles for granting stay – strength of appeal – appeal not rendered nugatory – balancing exercise – Star Play Development v Bess Fashion Management applied – application dismissed with costs – The plaintiff/appellant sought a stay of execution of a costs order pending appeal. The court held that the appeal did not have a strong likelihood of success and the appellant failed to demonstrate that the appeal would be rendered nugatory without a stay. The appeal was due to be heard the following week, and any costs incurred in taxation could be recovered from the respondents if the appeal succeeded. The appellant provided no financial information, and the respondents would suffer prejudice from delay. The summons was dismissed with costs.
Legal issues: Stay of execution pending appeal
Outcome: Application for stay of execution dismissed.
Cites 3 cases