21 Jan 2019
CLASSICS INTERNATIONAL LTD v. CLARET HOUSE CO LTD
- Citation
- [2019] HKCFI 163
- Court
- Court of First Instance
- Case number
- HCA1337/2018
The defendant lacked reasonable prospects of success on appeal and failed to show the appeal would be rendered nugatory if a stay were refused; the Master’s order for delivery in Germany was supportable (section 31(1) SOGO and absence of an obvious implied term for delivery in England) and the retention of title clause prevents loss of ownership until payment is honoured; procedural misuse of ex‑parte process further undermined defendant’s interlocutory relief, therefore continuation of the interim stay is refused and the appeal (2nd Notice) dismissed.