陳雲及另一人 對 振威金屬有限公司及另二人

陳雲及另一人 對 振威金屬有限公司及另二人

The appellant failed to demonstrate a reasonable prospect of success on appeal and failed to present any additional compelling reason to justify a stay; the respondents' counterclaims were pleaded and pursued within limitation and the factual record did not support the appellant's new assertions; accordingly the...

Source-derived case information.

Citation
[2022] HKCA 684
Parties
First Plaintiff: Chan Wan; Second Plaintiff; Personal Representative of the Estate of Chan Kai Wing: Chan Wan; First Defendant: Chun Wai Metal Limited; Second Defendant: Ho Kwok Wai; Third Defendant; Personal Representative of the Estate of Tang Pui Choi: Ho Kwok Wai
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
20 May 2022
Case Number
CACV475/2021
Procedural Posture
Civil Appeal / Application to Stay or Adjourn Execution of Lower Court Judgment Pending Appeal (interlocutory)
Outcome
Application to stay or adjourn execution dismissed; stay refused; costs awarded to respondents
Legal Topics
Enforcement of Oral Agreement for Sale/lease of Land, Reclaiming Possession and Mesne Profits, Limitation Periods (limitation Ordinance Cap 347), Stay of Execution Pending Appeal, Costs
Source Language
ch
Property Law Contract Law Limitation Law Civil Procedure Enforcement of Oral Agreement for Sale/lease of Land Reclaiming Possession and Mesne Profits Limitation Periods (limitation Ordinance Cap 347) Stay of Execution Pending Appeal +1 more

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Parties

Chan Wan

First Plaintiff

Chan Wan

Second Plaintiff; Personal Representative of the Estate of Chan Kai Wing

Chun Wai Metal Limited

First Defendant

Ho Kwok Wai

Second Defendant

Ho Kwok Wai

Third Defendant; Personal Representative of the Estate of Tang Pui Choi

Procedural Posture

Civil Appeal / Application to Stay or Adjourn Execution of Lower Court Judgment Pending Appeal (interlocutory)

  1. 1 Whether the appellant demonstrated a reasonable prospect of success on appeal
  2. 2 Whether additional reasons exist to justify a stay of execution pending appeal
  3. 3 Whether limitation periods under the Limitation Ordinance (s 7, s 12, s 18) bar the respondents' counterclaims for possession and rent

Ratio Decidendi

The appellant failed to demonstrate a reasonable prospect of success on appeal and failed to present any additional compelling reason to justify a stay; the respondents' counterclaims were pleaded and pursued within limitation and the factual record did not support the appellant's new assertions; accordingly the stay application was dismissed and costs awarded to the respondents.

Court Disposition

Application to stay or adjourn execution dismissed; stay refused; costs awarded to respondents

Orders

  • Application dismissed
  • Applicant (First Plaintiff) to pay respondents (Second and Third Defendants) costs of HK$60,000