FALCON PRIVATE BANK LIMITED (Plaintiff/Applicant) v BORRY BERNARD EDOUARD CHARLES LIMITED (1st Defendant/1st Respondent)

Read the full judgment text of FAMV 49/2013 on BabelCite. This Court of Final Appeal judgment was delivered on 2 January 2014 before Tang PJ.

Civil procedure – stay pending leave to appeal – recusal of judge for apparent bias – Court of Appeal remitted Discharge and Strike-out Summonses to Court of First Instance – application for stay pending leave to appeal – whether stay should be granted – plaintiff's concern about wasted costs of hearing before Recorder Houghton – prospects of appealing finding of apparent bias unlikely to be overwhelming – stay refused – written submissions by Lipman Karas for plaintiff/applicant – written submissions by Stephenson Harwood for defendants/respondents

Legal issues: Whether to grant a stay of the Court of Appeal's Order remitting the summonses pending the plaintiff's application for leave to appeal

Outcome: Application for stay refused; no stay granted in respect of the Court of Appeal's Order remitting the Discharge and Strike-out Summonses