26 Feb 2021
BANK OF COMMUNICATIONS TRUSTEE LTD v. CHINA ENERGY RESERVE AND CHEMICALS GROUP OVERSEAS CO LTD AND ANOTHER
- Citation
- [2021] HKCFI 486
- Court
- Court of First Instance
- Case number
- HCA146/2020
Admit Lin 4th and 5th as relevant fresh evidence but refuse the renewed stay: the appeal is only arguable not strong; defendants failed to prove enforcement would cause liquidation or irreparable prejudice caused by the judgment itself; prolonged and unresolved restructuring negotiations are speculative and insufficient to justify a stay; prejudice to successful plaintiff in being deprived of the fruits of judgment outweighs defendants' contentions.