Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 31 May 1984

    PEPSICO PACIFIC TRADING CO LTD v. ARDARA CO LTD

    Citation
    PEPSICO PACIFIC TRADING CO LTD v. ARDARA CO LTD
    Court
    Court of First Instance
    Case number
    HCA559/1984

    Given the judicial discretion under Order 0.59 r.13, the court found special circumstances merited a stay of execution pending the appeal because the summary judgment was given on affidavits in a factually complex interlocking contractual arrangement, the anticipated delay before the appeal was short, and there was a realistic prospect that an appellate court might reach a different conclusion on the facts; accordingly a stay was ordered without requiring payment of the judgment sum into court and costs of the stay application were made costs in the appeal.