BASAB INC AND ANOTHER v. SUPERB GLORY HOLDINGS LTD AND OTHERS

BASAB INC AND ANOTHER v. SUPERB GLORY HOLDINGS LTD AND OTHERS

Because the plaintiffs' appeal was found arguable and the defendants would be prejudiced by delay in receiving costs, the court granted a stay of execution of the taxation of costs pending the appeal provided the plaintiffs pay HK$1,000,000 into court within 28 days to ameliorate the defendants' prejudice; costs of the plaintiffs' application ordered in the cause.

Citation
BASAB INC AND ANOTHER v. SUPERB GLORY HOLDINGS LTD AND OTHERS
Parties
1st Plaintiff: BASAB INC; 2nd Plaintiff: HUI KING CHUN; 1st Defendant: SUPERB GLORY HOLDINGS LIMITED; 2nd Defendant: CHEN LIHUA; 3rd Defendant: FOK HEI YU; 4th Defendant: BATCHELOR, JOHN HOWARD; 5th Defendant: DOUBLE KEY INTERNATIONAL LIMITED; 6th Defendant: CHENG HUNG MUI; 7th Defendant: ZHANG XIAOFENG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 2015
Case Number
HCA6/2014
Procedural Posture
Civil Action HCA 6/2014 (court of First Instance) / Interlocutory Application for Stay of Execution of Costs Pending Appeal
Outcome
Stay of execution of the taxation of costs awarded on 4 December 2014 granted until final disposal of appeal CACV 256/2014 (on appeal from HCA 6/2014) on condition of payment into court of HK$1,000,000 within 28 days; costs of the plaintiffs' application to be costs in the cause of the appeal.
Legal Topics
Stay of Execution, Taxation of Costs, Security for Costs by Payment Into Court, Arguable Appeal
Source Language
EN
Civil Procedure Appeal Costs Stay of Execution Taxation of Costs Security for Costs by Payment Into Court Arguable Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

BASAB INC

1st Plaintiff

HUI KING CHUN

2nd Plaintiff

SUPERB GLORY HOLDINGS LIMITED

1st Defendant

CHEN LIHUA

2nd Defendant

FOK HEI YU

3rd Defendant

BATCHELOR, JOHN HOWARD

4th Defendant

DOUBLE KEY INTERNATIONAL LIMITED

5th Defendant

CHENG HUNG MUI

6th Defendant

ZHANG XIAOFENG

7th Defendant

Procedural Posture

Civil Action HCA 6/2014 (court of First Instance) / Interlocutory Application for Stay of Execution of Costs Pending Appeal

Legal Issues

  1. 1 Whether to grant a stay of execution of the costs order pending appeal
  2. 2 Whether the plaintiffs' appeal is arguable
  3. 3 What security (if any) should be required as condition of a stay

Ratio Decidendi

Because the plaintiffs' appeal was found arguable and the defendants would be prejudiced by delay in receiving costs, the court granted a stay of execution of the taxation of costs pending the appeal provided the plaintiffs pay HK$1,000,000 into court within 28 days to ameliorate the defendants' prejudice; costs of the plaintiffs' application ordered in the cause.

Court Disposition

Stay of execution of the taxation of costs awarded on 4 December 2014 granted until final disposal of appeal CACV 256/2014 (on appeal from HCA 6/2014) on condition of payment into court of HK$1,000,000 within 28 days; costs of the plaintiffs' application to be costs in the cause of the appeal.

Orders

  • Stay of execution of taxation of costs awarded by order dated 4 December 2014 until final disposal of CACV 256/2014
  • Plaintiffs to pay into court HK$1,000,000 within 28 days as condition of the stay