XCHRX C. Y. LEUNG & COMPANY LTD. v. PUCKMAN HOUSE T. V. GAMES CO. LTD.

HCA13098/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO.13098 OF 1998

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D E C I S I O N

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1. The Defendant applied for stay of execution of the judgment that had been obtained by the Plaintiff against it, pending the determination of 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 has a 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 is no merit in it. Certainly there is no indication that the merit of the Defendant's case is so overwhelming that a stay of execution should 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. There is 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 evidence that 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 such circumstances, the Defendant has not made out a case for stay.

5. I will dismiss the application.