HING WAI MACHINERY ENGINEER CO v. 中國冶金科工集團公司

HING WAI MACHINERY ENGINEER CO v. 中國冶金科工集團公司

Registrar Chan's order staying execution was set aside; however to balance the parties' interests the court ordered a stay of execution of the amended judgment on condition that the defendant pay $2,100,000 into court within 21 days, failing which the plaintiff may execute the amended judgment; costs reserved to the judge hearing the substantive appeal.

Citation
HING WAI MACHINERY ENGINEER CO v. 中國冶金科工集團公司
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 August 2007
Case Number
HCA2784/2006
Procedural Posture
Civil Appeal / Interlocutory Application / Interlocutory Appeal From Registrar's Order Staying Execution Pending Appeal
Outcome
Registrar Chan's stay set aside; execution of the amended judgment stayed subject to conditional payment into court by defendant
Legal Topics
Default Judgment, Setting Aside Judgment, Payment Into Court, Stay of Execution, Security for Stay, Interlocutory Relief
Source Language
EN
Construction Law Civil Procedure Enforcement of Judgment Appeal Procedure Default Judgment Setting Aside Judgment Payment Into Court Stay of Execution +2 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Appeal / Interlocutory Application / Interlocutory Appeal From Registrar's Order Staying Execution Pending Appeal

Legal Issues

  1. 1 Whether Registrar's order staying execution should be set aside
  2. 2 Whether the execution of the amended judgment should be stayed pending appeal and on what security
  3. 3 Whether payment into court as ordered by Master should be maintained or varied

Ratio Decidendi

Registrar Chan's order staying execution was set aside; however to balance the parties' interests the court ordered a stay of execution of the amended judgment on condition that the defendant pay $2,100,000 into court within 21 days, failing which the plaintiff may execute the amended judgment; costs reserved to the judge hearing the substantive appeal.

Court Disposition

Registrar Chan's stay set aside; execution of the amended judgment stayed subject to conditional payment into court by defendant

Orders

  • Registrar Chan's order dated 24 July 2007 is set aside
  • Execution of the amended judgment is stayed pending the hearing of the appeal against Master Yu's order on condition that the defendant pay into court HKD 2,100,000 within 21 days from 9 August 2007