TSUNG TSIN ASSOCIATION AND ANOTHER v. LAI KWOK WAI AND OTHERS

TSUNG TSIN ASSOCIATION AND ANOTHER v. LAI KWOK WAI AND OTHERS

The stay was dismissed because the plaintiffs are not seeking to overturn the decision as it relates to the 3rd defendant, they lack an arguable prospect of success on any appeal against the costs order, and the offered payment into court did not justify depriving the successful party of awarded costs.

Citation
[2022] HKCFI 2280
Parties
Plaintiffs: Plaintiffs; 1st Defendant: 1st defendant; 2nd Defendant: 2nd defendant; 3rd Defendant: 3rd defendant; 4th Defendant: 4th defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 July 2022
Case Number
HCA516/2021
Procedural Posture
Civil Application for Stay of Execution Pending Appeal / Interlocutory Stay Application Before High Court Judge in Chambers
Outcome
Stay Summons dismissed
Legal Topics
Stay of Execution, Leave to Appeal, Interim Injunction, Costs Assessment
Source Language
EN
Civil Procedure Appeal Costs Injunctions Stay of Execution Leave to Appeal Interim Injunction Costs Assessment

Case Brief

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Parties

Plaintiffs

Plaintiffs

1st defendant

1st Defendant

2nd defendant

2nd Defendant

3rd defendant

3rd Defendant

4th defendant

4th Defendant

Procedural Posture

Civil Application for Stay of Execution Pending Appeal / Interlocutory Stay Application Before High Court Judge in Chambers

Legal Issues

  1. 1 Whether a stay of execution of costs orders should be granted pending appeal
  2. 2 Whether the plaintiffs have an arguable or strong prospect of success on appeal
  3. 3 Whether new grounds of appeal not raised at first instance can be advanced in the Court of Appeal

Ratio Decidendi

The stay was dismissed because the plaintiffs are not seeking to overturn the decision as it relates to the 3rd defendant, they lack an arguable prospect of success on any appeal against the costs order, and the offered payment into court did not justify depriving the successful party of awarded costs.

Court Disposition

Stay Summons dismissed

Orders

  • Stay Summons dismissed
  • Costs follow the event: plaintiffs to pay the 3rd defendant's costs of the Stay Summons, summarily assessed at $80,000, payable on or before 8 August 2022