CHONG FAI TING FRED v. SZE KAI LUNG AND ANOTHER
The judge formed a preliminary view that D1 had not demonstrated reasonable prospects of success because of inconsistencies in his evidence and contemporaneous documents, and his assertions about irreparable prejudice from forced sale of artefacts were bare, unparticularised and unsupported; therefore the stay was refused.
- Citation
- [2019] HKCFI 2503
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 19 September 2019
- Case Number
- HCA2007/2018
- Procedural Posture
- Civil Debt/loan Claim / Application for Stay of Execution Pending Appeal After Summary Judgment
- Outcome
- Application for stay of execution refused
- Legal Topics
- Summary Judgment, Stay of Execution, Nugatory Appeal, Costs
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil Debt/loan Claim / Application for Stay of Execution Pending Appeal After Summary Judgment
Legal Issues
- 1 Whether to grant a stay of execution pending appeal
- 2 Whether the appellant has reasonable prospects of success on appeal
- 3 Whether absence of a stay would render the appeal nugatory
Ratio Decidendi
The judge formed a preliminary view that D1 had not demonstrated reasonable prospects of success because of inconsistencies in his evidence and contemporaneous documents, and his assertions about irreparable prejudice from forced sale of artefacts were bare, unparticularised and unsupported; therefore the stay was refused.
Court Disposition
Application for stay of execution refused
Orders
- Stay of execution pending appeal refused
- D1 to pay Plaintiff's costs assessed summarily at HK$15,000 to be paid within 14 days
Full Case Text
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