26 Sept 2017
LAERDAL MEDICAL LTD v. HONG KONG HAOCHENG INTERNATIONAL TRADE LTD
- Citation
- LAERDAL MEDICAL LTD v. HONG KONG HAOCHENG INTERNATIONAL TRADE LTD
- Court
- Court of First Instance
- Case number
- HCA2193/2016
The application for a stay of execution was refused because the proposed appeal did not present sufficiently strong or likely-to-succeed grounds to justify a stay, the fraud exception did not remove the case from unjust enrichment principles, the balance of convenience favoured the plaintiff given the limited assets in Hong Kong, the existence of undertakings and stake‑holding arrangements preserved the defendant's interest pending appeal, and there was an unacceptable risk that permitting removal of funds would render enforcement nugatory.