XCHRX DORIS LAI v. CONTINENTO LTD.

CACV 95/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 95 OF 2000

(ON APPEAL FROM DCCJ 25108/1998)

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J U D G M E N T

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Hon Godfrey VP :

1. I am not satisfied that this is a case in which a stay of execution should be ordered. The only ground advanced is that the plaintiff may not be resident in Hong Kong, so that if the judgment debt and costs are paid, the defendant may be unable to recover these even if its appeal is successful (which seems highly unlikely). But anyway there is no evidence before me to support the assertion that the plaintiff may not be resident in Hong Kong and I decline to act without evidence. I shall refuse this application which will be dismissed with costs.