Hong Kong Case Law: Decisions & Judgments

Topic

Lifting stay

Legal area

Court

25 Nov 2019

SIGNATURE DIAMOND LLC v. PHILLIPS FINE WATCHES LTD

Citation

[2019] HKCFI 2903
Court

Court of First Instance
Case number

HCA1536/2017

The summons to lift the stay was dismissed because the applicant failed to demonstrate any genuine material change in circumstances since the stay was ordered; there was no cogent evidence of risk to the watches or other new facts justifying lifting the stay, and therefore the discretionary stay should remain in force; costs ordered to respondent at HKD225,000 with certificate for counsel.
30 Oct 2013

LIU WAI KEUNG v. LIU WAI MAN

Citation

LIU WAI KEUNG v. LIU WAI MAN
Court

Court of First Instance
Case number

HCA1106/2011

The application to lift the statutory stay was dismissed because the statutory stay was validly triggered by the Director's memorandum under section 15 and regulation 7A, the court should be slow to lift such a stay, and the plaintiff failed to demonstrate sufficient prejudice or hardship to justify exercise of the discretion to lift the stay.
3 Jul 2006

CLARE HOLLINGWORTH v. THOMAS EDWARD JUSON

Citation

CLARE HOLLINGWORTH v. THOMAS EDWARD JUSON
Court

Court of First Instance
Case number

HCA249/2006

The stay is lifted because the Director refused legal aid, the statutory stay's purpose (to enable legal representation) no longer applies as the defendant remains represented and is not seeking private representation, the Deputy Judge's order removed any direction that the defendant's summonses be heard first so lifting the stay causes no real prejudice, and an appeal against refusal of legal aid does not automatically preserve the stay and was unlikely to be determined within the remaining stay period.
3 Nov 2000

RE IP LAM ON

Citation

RE IP LAM ON
Court

Court of First Instance
Case number

HCSD11/2000

The court exercised its discretion not to lift the stay: applicants’ late application for legal aid did not amount to an abuse of process and the respondent failed to demonstrate irremediable prejudice; justice required preservation of the stay so applicants could seek legal representation.

Hong Kong Case Law

SIGNATURE DIAMOND LLC v. PHILLIPS FINE WATCHES LTD

LIU WAI KEUNG v. LIU WAI MAN

CLARE HOLLINGWORTH v. THOMAS EDWARD JUSON

RE IP LAM ON