Triple Point Technology, Inc. v PTT Public Company Ltd

The stay of execution granted by Jackson LJ on 22 February 2018 applies to both the substantive judgment sum and the order for interest and costs, restraining enforcement of both orders pending appeal.

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, Pending Appeal
Outcome: Application for injunction granted
Legal Topics: Stay of Execution, Enforcement of Foreign Judgments, Costs and Interest, Declaratory Relief

Civil Procedure Contract Law International Enforcement Stay of Execution Enforcement of Foreign Judgments Costs and Interest Declaratory Relief

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Parties

Triple Point Technology, Inc.

Claimant/applicant

PTT Public Company Limited

Defendant/respondent

Procedural Posture

Application for Injunction / Post Judgment, Pending Appeal

Legal Issues

1 Whether the stay of execution granted by the Court of Appeal applies to both the substantive judgment sum and the order for interest and costs
2 Whether enforcement proceedings in the US were proper given the stay and the certification process
3 Whether declaratory relief should be granted regarding the scope of the stay

Ratio Decidendi

Court Disposition

Application for injunction granted

Orders

PTT is restrained from continuing or prosecuting enforcement proceedings in respect of both Order No.1 and Order No.2 dated 17 January 2018 until determination of the appeal.
PTT is required to instruct the US Marshal to return funds to Triple Point's bankers and suspend enforcement.