Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Evidence of hardship

  • 26 Aug 2009

    QUESTNET LTD v. KURT GEORG ROCCO RINCK AND ANOTHER

    Citation
    QUESTNET LTD v. KURT GEORG ROCCO RINCK AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1475/2006

    The summons for stay of execution was dismissed because the sentences had been served making the appeal largely academic as to sentence, the appellant failed to demonstrate strong prospects of overturning the costs orders, and provided no credible evidence that levying execution would render the appeal nugatory or cause grave hardship to his family; accordingly the court refused a stay and ordered the 2nd defendant to pay the plaintiff's costs, assessed at HK$47,600.

  • 27 Jan 1998

    LEADER CIVIL ENGINEERING CORPORATION LTD. v. WELL-PRO ENGINEERING LTD.

    Citation
    LEADER CIVIL ENGINEERING CORPORATION LTD. v. WELL-PRO ENGINEERING LTD.
    Court
    Court of First Instance
    Case number
    HCCT42/1997

    The court set aside the default judgment only in respect of the $9,059,883.12 item because the defendant demonstrated a real prospect of success on that item; costs of the set-aside application were allocated equally because both parties had comparable success and the plaintiff had assumed the risk by pursuing default judgment; the plaintiff's application to vary that costs order failed and costs were ordered against the plaintiff; a stay of execution pending appeal was granted on inferred hardship and imminence of the appeal, with costs of the stay application awarded to the plaintiff.