Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Stay of execution pending counterclaim
  • 27 Aug 1999

    AU HON MAN v. KINGSTON FINANCE LTD.

    Citation
    AU HON MAN v. KINGSTON FINANCE LTD.
    Court
    Court of First Instance
    Case number
    HCA17120/1998

    The appeal against the master's grant of unconditional leave to defend was allowed; there was no defence to the plaintiff's claim as to the moneys standing to his credit in his KFL account, so judgment was entered for the plaintiff against KFL, but because KFL/KSL may have an arguable set-off or counterclaim the court stayed execution pending trial of any counterclaim and ordered costs of the plaintiff's summary judgment application to be costs in the cause. The court refused to strike out the KFL/KSL action and upheld consolidation and granted leave to serve notice of appeal out of time.