Hong Kong Case Law: Decisions & Judgments

Topic

Conditional stay

Legal area

Court

25 Jun 2014

ASTRO NUSANTARA AND OTHERS v. PT AYUNDA PRIMA MITRA AND OTHERS

Citation

ASTRO NUSANTARA AND OTHERS v. PT AYUNDA PRIMA MITRA AND OTHERS
Court

Court of First Instance
Case number

HCMP835/2014

Leave to appeal was refused because Astro had no reasonable prospect of success: the Singapore Court of Appeal held the arbitration awards were made without jurisdiction, and that finding undermined any attempt to enforce corresponding judgments in Hong Kong; Mimmie Chan J did not err in exercising her discretion to grant an unconditional stay after considering that finding and the prospects of First Media succeeding in setting aside the Hong Kong judgment.
16 Aug 2013

TOECA NATIONAL RESOURCES B V v. BARON CAPITAL LTD AND ANOTHER

Citation

TOECA NATIONAL RESOURCES B V v. BARON CAPITAL LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV55/2013

The interim stay was refused because the appellants did not demonstrate strong prospects of success, failed to show they could not comply with the conditional stay (evidence of insolvency/gambling losses was unsatisfactory), and the appeal would not necessarily be rendered nugatory as insolvency officers could continue proceedings; the balance of prejudice did not favor granting a stay.
17 Jan 2006

RE JOSE GUILLERMO SAM CHANG

Citation

RE JOSE GUILLERMO SAM CHANG
Court

Court of First Instance
Case number

HCAG2941/2000

The applicant failed to prove on the balance of probabilities that the deceased was domiciled in Hong Kong at death; therefore the court ordered further inquiries and supplemental affidavit evidence addressing specific gaps (timing of migration to Guatemala, nature of ties to Hong Kong, details of conditional stay and foreign estate matters) before a grant could be considered.

Hong Kong Case Law

ASTRO NUSANTARA AND OTHERS v. PT AYUNDA PRIMA MITRA AND OTHERS

TOECA NATIONAL RESOURCES B V v. BARON CAPITAL LTD AND ANOTHER

RE JOSE GUILLERMO SAM CHANG