26 Jul 2002
上海海泰克貿易發展有限公司 v. CHINA SCI-TECH HOLDINGS LTD. AND OTHERS
- Citation
- 上海海泰克貿易發展有限公司 v. CHINA SCI-TECH HOLDINGS LTD. AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV243/2002
The application for a stay was dismissed because the 1st defendant failed to demonstrate a reasonable prospect of success on appeal and did not show a considerable risk that enforcement would render an eventual successful appeal nugatory; the lack‑of‑consideration argument was mixed fact and law and could not be effectively pursued on appeal in the absence of trial findings, and s.30 presumption together with the plaintiffs' pleadings and evidence sufficed to establish consideration.