Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Jurisdiction to hear interlocutory applications
  • 21 Nov 2000

    RE M.W. LEE & SONS ENTERPRISES LTD.

    Citation
    RE M.W. LEE & SONS ENTERPRISES LTD.
    Court
    Court of First Instance
    Case number
    HCCW467/1998

    Ord.59 r.13 governs stays pending appeal and Ord.59 r.14(4) should be construed to require an application in the first instance to the particular judge who made the order unless it is impossible or impracticable to do so; on the merits the court refused both the stay of taxation and the stay of execution because the petitioner failed to establish special grounds, irreparable injury or real hardship and the balance of factors (including delay and availability of undertaking by respondents' solicitors) favoured refusing relief.