21 Jun 2023
HSU CHING FANG v. NG CHOR KUEN AND OTHERS
- Citation
- [2023] HKCFI 1665
- Court
- Court of First Instance
- Case number
- HCMP651/2014
The court refused the stay because, although the appeal was arguable, the applicant failed to show a real risk that the appeal would be rendered nugatory: the Plaintiff appears able to meet any monetary exposure, offered specific undertakings (no dividends over HK$8 million and to notify of proposed sale/estate agent), there was insufficient evidence of asset dissipation, and the 3rd Defendant retained minority shareholder remedies; on that basis the exercise of discretion was to refuse the stay and award costs.