廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

The court granted a conditional stay only on the basis that a specified part of the funds remain in court to secure the Defendants in the event the appeal succeeds; a portion of the amount paid into court was ordered released to the Plaintiff within 14 days and the balance was ordered to remain in court until determination of the appeal, with costs in the cause (certificate for two counsel).

Citation
[2025] HKCFI 1180
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 March 2025
Case Number
HCCL13/2011
Procedural Posture
Civil Enforcement / Judgment Debt / Interlocutory Applications / Post Judgment Applications for Payment Out and Stay Pending Appeal (interlocutory)
Outcome
Partial payment out to Plaintiff ordered; balance to remain in court; stay of execution granted on condition that funds remain in court.
Legal Topics
Stay of Execution, Payment Out of Funds in Court, Pre Judgment Interest, Security for Appeal, Costs
Source Language
EN
Civil Procedure Enforcement of Judgment Appeal Interest Stay of Execution Payment Out of Funds in Court Pre Judgment Interest Security for Appeal +1 more

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

Procedural Posture

Civil Enforcement / Judgment Debt / Interlocutory Applications / Post Judgment Applications for Payment Out and Stay Pending Appeal (interlocutory)

Legal Issues

  1. 1 Whether a stay of execution pending appeal should be granted
  2. 2 Whether the stay should be unconditional or conditional on funds remaining in court
  3. 3 Whether part or all of the funds paid into court should be released to the Plaintiff

Ratio Decidendi

The court granted a conditional stay only on the basis that a specified part of the funds remain in court to secure the Defendants in the event the appeal succeeds; a portion of the amount paid into court was ordered released to the Plaintiff within 14 days and the balance was ordered to remain in court until determination of the appeal, with costs in the cause (certificate for two counsel).

Court Disposition

Partial payment out to Plaintiff ordered; balance to remain in court; stay of execution granted on condition that funds remain in court.

Orders

  • Order that part of the sum paid into court be released and paid out to the Plaintiff within 14 days
  • Order that the balance of the funds paid into court remain in court until determination of the Appeal