31 May 1984
PEPSICO PACIFIC TRADING CO LTD v. ARDARA CO LTD
- Citation
- PEPSICO PACIFIC TRADING CO LTD v. ARDARA CO LTD
- Court
- Court of First Instance
- Case number
- HCA559/1984
Given the judicial discretion under Order 0.59 r.13, the court found special circumstances merited a stay of execution pending the appeal because the summary judgment was given on affidavits in a factually complex interlocking contractual arrangement, the anticipated delay before the appeal was short, and there was a realistic prospect that an appellate court might reach a different conclusion on the facts; accordingly a stay was ordered without requiring payment of the judgment sum into court and costs of the stay application were made costs in the appeal.