This was an application by the Defendant for a stay of execution pending appeal against two orders: an order dismissing her appeal from an order granting leave to appeal subject to a payment into court the whole amount of the Plaintiff’s claim; and an order dismissing the application to lift the condition.

Deputy Judge Carlson considered the principles governing the Court’s granting of leave to appeal and dismissed the Defendant’s application after the Deputy Judge compared the risk of the subject estate being bankrupt if no stay of execution is granted, to the prejudice imposed on the Plaintiff by the grant of a stay of execution. Nonetheless, the Deputy Judge granted a temporary stay for 21 days for the Defendant to file a notice of appeal and to apply for a stay until the disposal of her appeal in front of a single judge.

Hong Kong Dispute Resolution Bulletin – incorporating CJR Alerter: For full analysis of this case subscribe to the Sweet & Maxwell HKDRB, produced in association with Clifford Chance.

This article is available in [2010] 16 HKDRB.

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