GET NICE FINANCE CO. LTD. v. POON CHING HUNG

HCA004216/1998

HCA4216/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 4216 OF 1998

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BETWEEN
GET NICE FINANCE COMPANY LIMITED Plaintiff
AND
POON CHING HUNG Defendant
and
GET NICE INVESTMENT COMPANY LIMITED 1st Third Party
CHU WANG KWAN 2nd Third Party

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Coram: The Hon. Mr. Justice Sakhrani in Chambers

Date of Hearing: 22 March 1999

Date of Judgment: 22 March 1999

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D E C I S I O N

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1. This is an application for a stay of execution of the order made by Master Poon on 11th March 1999 pending the outcome of the Defendant’sappeal which will be heard on 30th March 1999. The application is made under O.45, r.11 Rules of High Court. O.45, r.11 allows aparty to apply for a stay of execution of a judgment or order “on the ground of matters which have occurred since the date of thejudgment or order”. No evidence has been filed in support of this application.

2. My attention has been drawn to the case of Tam Ho Man and Wong Kwok Tai, (H.C.A. A4736 of 1985) the decision of Hunter J. on 20th October 1986. In the present case, there is nothing put forward before methat can fall within the jurisdiction conferred by O.45, r.11. There are no matters which have occurred since the date of the orderof Master Poon that allows the court to grant a stay under that particular rule.

3. I accept the solicitor for the Plaintiff’s submission that I have no jurisdiction to make the order sought under O.45, r.11. Thisapplication simply does not come within the terms of that order and rule. In the circumstances, the application is dismissed withcosts.

(Arjan H. Sakhrani)
Judge of the Court of First Instance

Representation:

Mr. K P Kwan of M/s Liu Chan & Lam for Plaintiff

Mr. Chan Wai Shing of M/s C. L. Chan & Lam for Defendant