IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO.13098 OF 1998
Coram : Hon Mr Justice Cheung in Chambers
Date of hearing : 20 May 1999
Date of decision : 20 May 1999
D E C I S I O N
1. The Defendant applied for stay of execution of the judgment that had been obtained by the Plaintiff against it, pending the determinationof the appeal which will be heard in August 1999.
2. The principle is clearly that the Plaintiff should not be deprived of the fruits of the judgment. The fact that the Defendant hasa meritorious appeal is not the only basis for granting a stay. It has been said that there ought not to be an appeal if there isno merit in it. Certainly there is no indication that the merit of the Defendant’s case is so overwhelming that a stay of executionshould be granted at the meantime.
3. What the Defendant submits is that there is no guarantee that the judgment sum if paid now will be repaid by the Plaintiff. Thereis no evidence that the Plaintiff will not be in a position to repay the judgment sum. It is a Hong Kong company. There is no evidencethat it is in financial difficulties.
4. In my view, there is no evidence that the appeal will be rendered nugatory if the execution is not stayed. In the absence of suchcircumstances, the Defendant has not made out a case for stay.
5. I will dismiss the application.
Mr David Choi of M/s Liu, Chan & Lam, for the Plaintiff
Mr L.S. Tam of M/s Alexander Tsang & Co., for the Defendant