SHISHIR KOTHARI t/a KO JEWELS TRADING CO v. GILMAN & CO LTD

SHISHIR KOTHARI t/a KO JEWELS TRADING CO v. GILMAN & CO LTD

Application for stay of execution was dismissed because the applicant failed to file affidavit evidence and did not demonstrate a real risk that the judgment would be rendered nugatory by removal of the person or assets; mere allegations of short residence and past dishonoured cheques were insufficient to justify a stay.

Citation
SHISHIR KOTHARI t/a KO JEWELS TRADING CO v. GILMAN & CO LTD
Parties
Plaintiff (respondent): Shishir Kothari trading as Ko Jewels Trading Company; Defendant (appellant): Gilman & Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 November 1971
Case Number
HCMP249/1971
Procedural Posture
Civil Appeal (miscellaneous Proceedings) / Appellate Interim Application to Stay Execution; Dismissed
Outcome
Application to stay execution dismissed.
Legal Topics
Stay of Execution, Appeal, Attachment, Absconding Debtor, Jurisdiction
Source Language
EN
Civil Procedure Appeal Enforcement Commercial Law Stay of Execution Attachment Absconding Debtor Jurisdiction

Case Brief

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Parties

Shishir Kothari trading as Ko Jewels Trading Company

Plaintiff (respondent)

Gilman & Company Limited

Defendant (appellant)

Procedural Posture

Civil Appeal (miscellaneous Proceedings) / Appellate Interim Application to Stay Execution; Dismissed

Legal Issues

  1. 1 Whether execution of judgment should be stayed pending delivery of reasons and potential appeal
  2. 2 Whether applicant demonstrated a real risk that the judgment would be rendered nugatory by removal of person or assets
  3. 3 Whether the absence of affidavit evidence justified refusal to exercise discretion to grant a stay

Ratio Decidendi

Application for stay of execution was dismissed because the applicant failed to file affidavit evidence and did not demonstrate a real risk that the judgment would be rendered nugatory by removal of the person or assets; mere allegations of short residence and past dishonoured cheques were insufficient to justify a stay.

Court Disposition

Application to stay execution dismissed.

Orders

  • Application to stay execution dismissed.