Hong Kong Case Law: Decisions & Judgments

Topic

Appeal and stay

Legal area

Court

16 Dec 2024

TECHTERYX LTD v. LEGACY TRUST COMPANY LTD AND OTHERS

Citation

[2024] HKCFI 3627
Court

Court of First Instance
Case number

HCA1906/2023

The court refused to adjourn the 4th Defendant's application because on principles of comity and absent any stay of the Singapore in personam order the Hong Kong court should not condone or assist conduct in breach of that order; the Plaintiff must comply with the SP Order or seek appropriate relief in Singapore, and therefore the Plaintiff's summons to adjourn was dismissed with indemnity costs and a Certificate for Counsel.
3 Aug 2020

HKK v. N

Citation

[2020] HKCFI 1888
Court

Court of First Instance
Case number

HCCT45/2012

Given the Copyright Tribunal's definitive finding that the Scheme and rates are reasonable and that the defendant is liable for licence fees, the court exercising its discretion under Order 22A must release monies paid into court unless the defendant demonstrates good reason to retain them; an outstanding appeal without a stay is not such a reason. Applying a precautionary interim-payment approach (analogy to Order 29), the court may estimate a reasonable proportion of the plaintiff's claimed licence fees to justify payment out; here the court was satisfied to grant the plaintiff's summons fo…
15 Oct 2003

STARYORK INVESTMENT LTD v. CHEUNG CHI KEUNG t/a OI TAK OLD PEOPLE\'S HOME

Citation

STARYORK INVESTMENT LTD v. CHEUNG CHI KEUNG t/a OI TAK OLD PEOPLE\'S HOME
Court

Court of First Instance
Case number

HCA2176/2003

Interpleader was refused because a valid subsisting judgment (Deputy Judge To in HCMP 2242) had declared the Wa Lee mortgage, rent assignment and notice void so Wa Lee had no present enforceable claim to the rent; an appeal does not suspend that effect absent a court direction; Wa Lee therefore lacked a prima facie claim against the tenant; furthermore the tenant engaged in conduct amounting to collusion and unduly delayed seeking interpleader relief, so the discretionary relief was refused.

Hong Kong Case Law

TECHTERYX LTD v. LEGACY TRUST COMPANY LTD AND OTHERS

HKK v. N

STARYORK INVESTMENT LTD v. CHEUNG CHI KEUNG t/a OI TAK OLD PEOPLE\'S HOME