Triple Point Technology, Inc. v PTT Public Company Ltd [2018] EWHC 1398 (TCC) (07 June 2018)

Triple Point Technology, Inc. v PTT Public Company Ltd [2018] EWHC 1398 (TCC) (07 June 2018)

The stay of execution granted by the Court of Appeal on 22 February 2018 applied to both the substantive judgment and the order for interest and costs, restraining PTT from enforcing either order pending appeal. The injunction was justified to prevent enforcement contrary to the stay.

Citation
[2018] EWHC 1398 (TCC)
Parties
Claimant/applicant: Triple Point Technology, Inc.; Defendant/respondent: PTT Public Company Limited
Jurisdiction
England and Wales
Judgment Date
07 June 2018
Procedural Posture
Application for Injunction (post Judgment) / Post Trial, Pending Appeal, Application for Injunction to Restrain Enforcement
Outcome
Injunction granted; enforcement restrained
Legal Topics
Stay of Execution, Enforcement of Judgments, Injunctions, Costs, Interest, Foreign Enforcement
Commercial Law Civil Procedure Contract Law Stay of Execution Enforcement of Judgments Injunctions Costs Interest +1 more

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Parties

Triple Point Technology, Inc.

Claimant/applicant

PTT Public Company Limited

Defendant/respondent

Procedural Posture

Application for Injunction (post Judgment) / Post Trial, Pending Appeal, Application for Injunction to Restrain Enforcement

Legal Issues

  1. 1 Whether the stay of execution granted by the Court of Appeal covered both the substantive judgment and the order for interest and costs
  2. 2 Whether PTT was entitled to enforce the order for interest and costs in the US despite the stay
  3. 3 Whether the court should grant an injunction restraining enforcement of the interest and costs order

Ratio Decidendi

The stay of execution granted by the Court of Appeal on 22 February 2018 applied to both the substantive judgment and the order for interest and costs, restraining PTT from enforcing either order pending appeal. The injunction was justified to prevent enforcement contrary to the stay.

Court Disposition

Injunction granted; enforcement restrained

Orders

  • PTT is restrained from continuing or prosecuting enforcement proceedings in respect of the orders of 17 January 2018 until determination of the appeal.
  • PTT to instruct the US Marshal to return the funds to Triple Point's bankers.