TIANJIN JINFU EXPRESSWAY CO LTD v. LUCKY MONEY LTD AND OTHERS

TIANJIN JINFU EXPRESSWAY CO LTD v. LUCKY MONEY LTD AND OTHERS

The application for a stay of execution was refused because the applicant failed to establish exceptional grounds: there was no persuasive evidence that refusal would cause financial ruin or prevent pursuit of the appeal, the original judgment appeared strong and the appeal weak, and alternative routes...

Source-derived case information.

Citation
TIANJIN JINFU EXPRESSWAY CO LTD v. LUCKY MONEY LTD AND OTHERS
Parties
Plaintiff: Plaintiff; Defendant: The Defendants; Interested Party / Appellant in Substance: Kwong Ian
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 November 2007
Case Number
HCA447/2006
Procedural Posture
Civil Stay of Execution Pending Appeal / Interlocutory Application Before Court of First Instance (application for Stay)
Outcome
Application for stay refused
Legal Topics
Stay of Execution, Winding Up, Security for Appeal, Leave to Pursue Appeal, Costs Assessment
Source Language
en
Civil Procedure Company Law Enforcement of Judgments Appeal Stay of Execution Winding Up Security for Appeal Leave to Pursue Appeal +1 more

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Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

The Defendants

Defendant

Kwong Ian

Interested Party / Appellant in Substance

Procedural Posture

Civil Stay of Execution Pending Appeal / Interlocutory Application Before Court of First Instance (application for Stay)

Legal Issues

  1. 1 Whether a stay of execution of judgment pending appeal should be granted
  2. 2 Whether refusal of stay would cause financial ruin or seriously deleterious effect to the defendant company
  3. 3 Whether the appeal can be effectively pursued if execution is not stayed

Ratio Decidendi

The application for a stay of execution was refused because the applicant failed to establish exceptional grounds: there was no persuasive evidence that refusal would cause financial ruin or prevent pursuit of the appeal, the original judgment appeared strong and the appeal weak, and alternative routes (leave/security in companies court or Court of Appeal) were available; accordingly execution should not be stayed and costs were awarded to the plaintiff.

Court Disposition

Application for stay refused

Orders

  • Application for stay refused
  • Certificate for two counsel