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Hong Kong Case Law

Good cause for adjournment
  • 4 Apr 2003

    PLUS LUCKY LTD v. CHIN YUK LUN FRANCIS AND ANOTHER

    Citation
    PLUS LUCKY LTD v. CHIN YUK LUN FRANCIS AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA4645/1998

    The taxing master has no jurisdiction under Order 62 r26(2) to adjourn taxation proceedings where the effect is to grant a stay of execution pending appeal; even under the court's inherent jurisdiction adjournment can only be granted on good cause shown after balancing the successful party's right to immediate execution against the potential wasted costs, and the respondent failed to show good cause; accordingly Master Bharwaney's adjournment order of 22 January 2003 was set aside and taxation was re-fixed for 16-17 April 2003.