HARILELA HOTELS LTD t/a HOLIDAY INN GOLDEN MILE HONG KONG v. HOSPITALITY MARKETING CONCEPTS (HONG KONG) LTD AND ANOTHER

HARILELA HOTELS LTD t/a HOLIDAY INN GOLDEN MILE HONG KONG v. HOSPITALITY MARKETING CONCEPTS (HONG KONG) LTD AND ANOTHER

The court refused the stay because the defendants, though able to pay into court, did not demonstrate overwhelming grounds on appeal or risk of nugatory appeal; therefore the discretion to deprive the plaintiff of the judgment sum was not exercised and costs of the failed application were awarded to the plaintiff in a gross sum of $46,000.

Citation
HARILELA HOTELS LTD t/a HOLIDAY INN GOLDEN MILE HONG KONG v. HOSPITALITY MARKETING CONCEPTS (HONG KONG) LTD AND ANOTHER
Parties
1st Plaintiff: Harilela Hotels Limited trading as Holiday Inn Golden Mile Hong Kong; 1st Defendant: Hospitality Marketing Concepts (Hong Kong) Limited; 2nd Defendant: Hospitality Marketing Consultants, LLC
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 December 2006
Case Number
HCA2523/2004
Procedural Posture
Civil Stay of Execution Pending Appeal / Decision on Application for Stay (in Chambers)
Outcome
Application for stay of execution refused; costs awarded to plaintiff
Legal Topics
Stay of Execution, Payment Into Court, Gross Sum Assessment, Discretionary Relief Pending Appeal
Source Language
EN
Civil Procedure Appeal Costs Enforcement Stay of Execution Payment Into Court Gross Sum Assessment Discretionary Relief Pending Appeal

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Parties

Harilela Hotels Limited trading as Holiday Inn Golden Mile Hong Kong

1st Plaintiff

Hospitality Marketing Concepts (Hong Kong) Limited

1st Defendant

Hospitality Marketing Consultants, LLC

2nd Defendant

Procedural Posture

Civil Stay of Execution Pending Appeal / Decision on Application for Stay (in Chambers)

Legal Issues

  1. 1 Whether stay of execution pending appeal should be granted where defendants are willing and able to pay the judgment sum into court
  2. 2 Whether the existence of arguable or strong grounds of appeal justifies depriving the plaintiff of the judgment sum
  3. 3 Proper assessment of costs by gross sum where application fails

Ratio Decidendi

The court refused the stay because the defendants, though able to pay into court, did not demonstrate overwhelming grounds on appeal or risk of nugatory appeal; therefore the discretion to deprive the plaintiff of the judgment sum was not exercised and costs of the failed application were awarded to the plaintiff in a gross sum of $46,000.

Court Disposition

Application for stay of execution refused; costs awarded to plaintiff

Orders

  • Application for stay of execution refused
  • Defendants to pay plaintiff's costs of the application assessed as a gross sum of $46,000 payable forthwith