RE M.W. LEE & SONS ENTERPRISES LTD.

RE M.W. LEE & SONS ENTERPRISES LTD.

Ord.59 r.13 governs stays pending appeal and Ord.59 r.14(4) should be construed to require an application in the first instance to the particular judge who made the order unless it is impossible or impracticable to do so; on the merits the court refused both the stay of taxation and the stay of execution because the petitioner failed to establish special grounds, irreparable injury or real hardship and the balance of factors (including delay and availability of undertaking by respondents' solicitors) favoured refusing relief.

Citation
RE M.W. LEE & SONS ENTERPRISES LTD.
Parties
Petitioner: HY & HT Lee Brothers & Company Limited; Petitioner: M.W. Lee & Sons Enterprises Limited; Respondent: 1st Respondent; Respondent: 2nd Respondent; Respondent: 3rd Respondent; Respondent: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 November 2000
Case Number
HCCW467/1998
Procedural Posture
Companies Winding Up Proceedings — Applications for Stay of Taxation and Stay of Execution Pending Appeal / Interlocutory Applications After Dismissal of Petitions and Lodgement of Notices of Appeal
Outcome
Applications dismissed
Legal Topics
Stay of Execution, Stay of Taxation of Costs, Jurisdiction to Hear Interlocutory Applications, Interpretation of Court Rules
Source Language
EN
Company Law Civil Procedure Appeals Costs Stay of Execution Stay of Taxation of Costs Jurisdiction to Hear Interlocutory Applications Interpretation of Court Rules

Case Brief

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Parties

HY & HT Lee Brothers & Company Limited

Petitioner

M.W. Lee & Sons Enterprises Limited

Petitioner

1st Respondent

Respondent

2nd Respondent

Respondent

3rd Respondent

Respondent

Official Receiver

Respondent

Procedural Posture

Companies Winding Up Proceedings — Applications for Stay of Taxation and Stay of Execution Pending Appeal / Interlocutory Applications After Dismissal of Petitions and Lodgement of Notices of Appeal

Legal Issues

  1. 1 Whether the applications were made pursuant to RHC Ord.59 r.13
  2. 2 Whether the Court of First Instance other than the original trial judge has jurisdiction to hear the applications or the application must be made to the original judge under Ord.59 r.14(4)
  3. 3 Whether the stay of taxation of costs should be granted pending appeal

Ratio Decidendi

Ord.59 r.13 governs stays pending appeal and Ord.59 r.14(4) should be construed to require an application in the first instance to the particular judge who made the order unless it is impossible or impracticable to do so; on the merits the court refused both the stay of taxation and the stay of execution because the petitioner failed to establish special grounds, irreparable injury or real hardship and the balance of factors (including delay and availability of undertaking by respondents' solicitors) favoured refusing relief.

Court Disposition

Applications dismissed

Orders

  • Applications for a stay of the taxation of costs dismissed
  • Applications for a stay of execution of the taxed costs dismissed