LAU TIM FAT AND OTHERS v. LI BANG-YUEN AND OTHERS

LAU TIM FAT AND OTHERS v. LI BANG-YUEN AND OTHERS

The application for an interim stay was dismissed because the trial judge's adverse findings of fact (forgery of tenancy documents, lack of authority of Max Chan, and the 3rd defendant's lack of credibility) meant the appeal had little or no reasonable prospect of success, and the purported fresh evidence failed the first Ladd v Marshall condition (no explanation that it could not have been obtained with reasonable diligence for use at trial).

Citation
LAU TIM FAT AND OTHERS v. LI BANG-YUEN AND OTHERS
Parties
1st Plaintiff: LAU TIM FAT; 2nd Plaintiff: LAU TIM YAU; 3rd Plaintiff: LAU TIM CHOI; 4th Plaintiff: LAU MAN KIT; 5th Plaintiff: LAU TAK HUNG; 6th Plaintiff: LAU HON KEUNG; 7th Plaintiff: LAU WING MAN; 8th Plaintiff: LAU WING CHUNG, PAUL; 9th Plaintiff: LAU SHU WAN; 10th Plaintiff: LAU SHUE TAN; 11th Plaintiff: LAU FUK PING; 12th Plaintiff: LAU FUK SHEUNG, MONDY; 13th Plaintiff: LAU FUK SANG; 14th Plaintiff: LAU FUK HONG; 15th Plaintiff: SUCCESS CHART DEVELOPMENT LIMITED; 1st Defendant: LI BANG-YUEN; 2nd Defendant: LI BANG-YU; 3rd Defendant: LAM KWOK WAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 June 2009
Case Number
HCMP1117/2004
Procedural Posture
Miscellaneous Proceedings (order 113 Application) / Interim Stay Application (ex Parte on Notice) in Chambers
Outcome
Application dismissed
Legal Topics
Stay of Execution, Appeal, Fresh Evidence (ladd V Marshall), Tenancy and Licence, Forgery, Findings of Fact and Credibility
Source Language
EN
Civil Procedure Land Law Property Law Evidence Stay of Execution Appeal Fresh Evidence (ladd V Marshall) Tenancy and Licence +2 more

Case Brief

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Parties

LAU TIM FAT

1st Plaintiff

LAU TIM YAU

2nd Plaintiff

LAU TIM CHOI

3rd Plaintiff

LAU MAN KIT

4th Plaintiff

LAU TAK HUNG

5th Plaintiff

LAU HON KEUNG

6th Plaintiff

LAU WING MAN

7th Plaintiff

LAU WING CHUNG, PAUL

8th Plaintiff

LAU SHU WAN

9th Plaintiff

LAU SHUE TAN

10th Plaintiff

LAU FUK PING

11th Plaintiff

LAU FUK SHEUNG, MONDY

12th Plaintiff

LAU FUK SANG

13th Plaintiff

LAU FUK HONG

14th Plaintiff

SUCCESS CHART DEVELOPMENT LIMITED

15th Plaintiff

LI BANG-YUEN

1st Defendant

LI BANG-YU

2nd Defendant

LAM KWOK WAI

3rd Defendant

Procedural Posture

Miscellaneous Proceedings (order 113 Application) / Interim Stay Application (ex Parte on Notice) in Chambers

Legal Issues

  1. 1 Whether an interim stay of execution should be granted pending appeal
  2. 2 Whether the proposed fresh evidence (affirmation of Chan Yuk Ping) meets the test for admission on appeal under Ladd v Marshall
  3. 3 Whether the appeal has a reasonable prospect of success given trial findings of forgery, lack of authority and adverse credibility findings

Ratio Decidendi

The application for an interim stay was dismissed because the trial judge's adverse findings of fact (forgery of tenancy documents, lack of authority of Max Chan, and the 3rd defendant's lack of credibility) meant the appeal had little or no reasonable prospect of success, and the purported fresh evidence failed the first Ladd v Marshall condition (no explanation that it could not have been obtained with reasonable diligence for use at trial).

Court Disposition

Application dismissed

Orders

  • Application for interim stay dismissed; execution of the judgment is not stayed