Can Ex Parte Norwich Pharmacal Orders Be Stayed, Pending Appeal?

In the recent case PENDERHIL HOLDINGS LTD –V- IOANNI KLOUKINA, the Supreme Court of Cyprus, examined whether a stay can be granted of the enforcement of Norwich Pharmacal orders, pending appeal.

In the context of an action, claiming the value of post-dated cheques, which were not honored on presentation, the plaintiff applied and obtained ex parte Norwich Pharmacal orders seeking the disclosure of information from third parties, who were innocently involved in the fraudulent transfers of the assets of the Defendants, in order to preclude the Plaintiff, from recovering the value of the dishonor cheques.

Before complying to the ex parte Norwich Pharmacal orders, the Discovery/ Defendants, filed an appeal against the same, and applied before the 1^st Instance Court to stay the enforcement of the orders, until the hearing of their pending appeal.