Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Stay of execution on appeal

Legal area

Court

3 Apr 2017

SO SAU LAI CONNIE t/a WING FUNG TRADING CO v. DBS BANK (HONG KONG) LTD

Citation

SO SAU LAI CONNIE t/a WING FUNG TRADING CO v. DBS BANK (HONG KONG) LTD
Court

Court of First Instance
Case number

HCA2807/2004

The court held that DBS was entitled to its costs in HCMP1361/2005 to be taxed on an indemnity basis and that the surplus proceeds paid into court could be applied to satisfy DBS's eventual agreed or taxed costs because the mortgage charged the property to secure such costs; the mere filing of appeals or an application for legal aid did not stay execution in these proceedings and DBS's summonses were therefore granted (with a minor modification to paragraph 3) and costs of the summonses follow the event.
3 Apr 2017

DBS BANK (HONG KONG) LTD v. NEW HARVEST INTERNATIONAL DEVELOPMENT LTD AND OTHERS

Citation

DBS BANK (HONG KONG) LTD v. NEW HARVEST INTERNATIONAL DEVELOPMENT LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP1361/2005

Because DBS succeeded on the merits, the mortgage clauses expressly charged the property with costs and envisaged using sale proceeds to satisfy costs, the appeal and legal aid filings did not create a stay of execution in the circumstances, and the statutory automatic legal aid stay was not engaged, the court ordered that DBS recover its costs on an indemnity basis to be taxed if not agreed and authorised application of the surplus proceeds to satisfy those costs with any remainder paid to the mortgagor.