It is unhelpful to treat the particular circumstances identified in each of those two cases as giving rise to a compelling reason for the imposition of a condition as indicative of any more detail in the underlying legal principle. On 13thMarch 2017 that application was refused on the basis that the judge had no jurisdiction to hear it. I agree, Hon Mr. Justice E.E Roberts, JA … Even where a compelling reason is shown, the question remains a matter for the court’s discretion: see per Clarke LJ in the Hammond Suddard case at paragraph 40. In short, CPR 52.7 provides that unless the appeal court or the lower court orders otherwise an appeal does not operate as a stay of execution of the orders of the lower court. . Nor is the fact that an unsuccessful defendant wishes to appeal to be taken as a routine shortcut to the need to enforce a judgment, by the obtaining of the requisite condition for payment. While the power of a court of appeals to stay proceedings in the district court during the pendency of an appeal is not explicitly conferred by statute, it exists by virtue of the all writs statute, 28 U.S.C. Meanwhile, on 6thJanuary 2017, the applicant made another application to the Court of Appeal Chamber Court for a stay of the execution of the order. The issue of whether or not payment into court of the judgment sum was heard on the first day of the appeal hearing. stay of … 13. The grant of a stay is discretionary. (2) The court will only exercise its power under paragraph (1) where there is a compelling reason for doing so.”. BY KENNETH TEE. w˜¢Ÿ€Ù6\6´§‚¡Ô\'EÚ1MîRgtŽ¸3> Â:OWtŠ$¤X®Òº£SñØTiaÆ`ÈÌ®/=9r}ÒlPûŠ¾è1š¿Q£]ÃمÚÎj»p†ñ(R¿#œ+‚vç*Ôö@lêë¹Â*V. Ï[àC[PÛ!iÏûœ¡Žá PÀ¢l”ÉŒOÇé„Q8ž@åíÎ RSphÕN‹:ë;¨±Ìã9¦Jíâ¬u‡)Å"ÏM*G¾’¶ÞÓϵª¼eŒ2WÐÂ@ÇnO͂¶ Monday, 21 Dec 2020 01:49 PM MYT. Something more than mere non-payment of the judgment debt needs to be shown although, as both cases show, a deliberate failure to pay by a judgment debtor with the resources to do so may be a factor supportive of the imposition of a condition. 24. Pending the determination of an application for leave to appeal or an appeal, the court appealed from or the Court may, on an interlocutory application, — (a) order a stay of the proceeding in which the decision was given or a stay of the execution of the decision; or (b) SINGAPORE - A day before he was scheduled to hang on Friday (May 24), a Malaysian drug mule on death row got a temporary reprieve after the Court of Appeal granted him a stay of execution. The appeal was based on the claim that the garnishee order was made without hearing the appellants’ earlier motion for a of stay execution. It is similar to an injunction . He also prayed that the costs of the application be provided for. Separate each address with a semi-colon (;) Example: 83/ an appeal shall not operate as a stay of execution of the decree or order appealed from except so far as the High Court or tribunal may order, nor shall execution of a decree be stayed by reason only of an appeal having been '-, -,' :',. On 18th … Change ), You are commenting using your Google account. It reflects the undoubted fact that a condition such as a requirement to pay or secure payment of the judgment debt is not routinely applied as a condition for permission to appeal. You can send the message to up to 4 other recipients. The appellate court may, however, for sufficient cause, order stay of execution of such decree.  This led to the substantive appeal being adjourned. The grant of a stay is discretionary. The Suneco case, coupled with the cases cited in are essential reading for anyone applying for a stay of execution pending appeal or a party seeking the imposition of a condition. 2. Unauthorized use and or duplication of the material contained on this blog without permission from this blog's author is strictly prohibited. That there be a stay of execution of the judgment in default of defence dated 17 November 2004, filed in the Supreme Court on 18 November 2004, perfected on 23 June 2008 and amended after being refiled in the Supreme Court on 10 November 2011 and the orders of Daye J dated 5 and 6 December 2013 refusing to set aside the Change ). In the Suneco case a stay of execution was granted pending the appellant raising sums to be paid into court as a condition of the appeal. 13. The Application for a Stay of Execution of the Order of the Court of Appeal dated 26th January 2010 is refused, Cost of this application assessed at Le 1,000.000,00 (One Million Leones) to be paid by the Appellant/Applicant to the Respondent. But I have been persuaded by Mr. Lakha that, if the condition as to payment into court is imposed, then the appellants do need or deserve protection from further enforcement measures by HMRC while they seek to raise the money to make that payment by the end of September. Nonetheless, in the only two authorities cited to us about the principles applicable to the exercise of this power, namely Hammond Suddard Solicitors v Agrichem International Holdings Ltd [2001] EWCA Civ 2065 and Days Medical Aids Limited v Pihsiang Machinery Manufacturing Co. Limited and ors [2004] EWCA Civ 993, the court was minded to proceed on an assumption, without deciding the point, that the compelling reason requirement applied in both cases, notwithstanding the linguistic anomaly. Whether or not payment into court of the judgment of Clarke LJ the... Material contained on this blog 's author is strictly prohibited Google account first day of application... 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