18 Mar 2014
JOHNSON ELECTRIC INTERNATIONAL LTD v. BEL GLOBAL RESOURCES HOLDINGS LTD
- Citation
- JOHNSON ELECTRIC INTERNATIONAL LTD v. BEL GLOBAL RESOURCES HOLDINGS LTD
- Court
- Court of First Instance
- Case number
- HCA1240/2012
The court granted a stay because the Defendant established an arguable appeal based on newly surfaced evidence that satisfies the Ladd v Marshall criteria in the interest of justice (raising a triable issue on the Plaintiff’s knowledge and bona fides), the alternative subject-to-equities ground was unarguable on the bond terms and estoppel, and without a stay the Defendant would likely be wound up rendering the appeal nugatory; costs of the stay application ordered nisi to be the Defendant’s costs in the appeal.