XCHRX KWAKU ATUAHENE-GIMA v. DAMON DRUMMOND

HCA13924/1997

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO.13924 OF 1997

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D E C I S I O N

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1. On 14 January 2000 I gave judgment to Dr Kwaku for the sum of $200,000. Dr Drummond then lodged the appeal against my decision on 10 February 2000. On 25 February 2000, on Dr Drummond's application, I stayed the execution of the judgment upon terms. So far Dr Kwaku had received in satisfaction of his judgment the sum of $50,010 which was the amount paid into court by Dr Drummond and which I ordered to be paid out to Dr Kwaku. Dr Kwaku now applied to lift the stay. A previous application by him to Suffiad J on 22 August 2000 was unsuccessful.

2. If circumstances had changed after a previous application, the party may apply to lift the stay again. The change of circumstances relied by Dr Kwaku is the change of the financial position of Dr Drummond. The only reason why I stayed the execution of the judgment earlier was due to the poverty of Dr Drummond as disclosed in his affidavit of 24 February 2000 and in his submission to the court at the hearing of the stay of execution of judgment. Since then, Dr Drummond had paid into court in October 2000, $150,000 ordered by Mayo V.P. as security for costs of the appeal. He had also earlier paid about $70,000 to obtain the transcript. It is clear that the financial condition of Dr Drummond had improved. Whether by his own resources or by help from family or friends, he had been able to raise $220,000 this year.

3. There is no reason why Dr Kwaku should be kept out of the judgment sum any longer. Dr Kwaku is continued to be employed in the City University and any payment that is made to him can certainly be recovered if the judgment is set aside on appeal. Accordingly, I would lift the stay of execution.