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 Court refused permission to appeal to the Court of Final Appeal because the applicant failed to demonstrate that the appeal raised issues of general or public importance under s22(1)(b) or any exceptional circumstances warranting leave from a non-final interlocutory decision; consequently the application was...

Source-derived case information.

Citation
[2022] HKCA 1178
Parties
Appellant: Chan Wan (陳雲); Appellant: Chan Wan (陳雲), The Personal RePRESENTATIVE of The Estate of Chan Kai Wing (陳啟榮); Respondent: Chun Wai Metal Limited (振威金屬有限公司); Respondent: Ho Kwok Wai (何國威); Respondent: Ho Kwok Wai (何國威), The Personal RePRESENTATIVE of The Estate of Tang Pui Choi (鄧佩彩)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
16 August 2022
Case Number
CACV475/2021
Procedural Posture
Civil Appeal — Application for Leave to Appeal to the Court of Final Appeal / Application for Permission to Appeal Against a Court of Appeal Interlocutory Decision Concerning Stay of Execution; Application Refused
Outcome
Application for leave to appeal to the Court of Final Appeal refused; applicant ordered to pay the respondents' costs of the application.
Legal Topics
Leave to Appeal, Stay of Execution, Interlocutory Appeal, Public Importance
Source Language
ch
Civil Procedure Appeal Costs Leave to Appeal Stay of Execution Interlocutory Appeal Public Importance

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Parties

Chan Wan (陳雲)

Appellant

Chan Wan (陳雲), The Personal RePRESENTATIVE of The Estate of Chan Kai Wing (陳啟榮)

Appellant

Chun Wai Metal Limited (振威金屬有限公司)

Respondent

Ho Kwok Wai (何國威)

Respondent

Ho Kwok Wai (何國威), The Personal RePRESENTATIVE of The Estate of Tang Pui Choi (鄧佩彩)

Respondent

Procedural Posture

Civil Appeal — Application for Leave to Appeal to the Court of Final Appeal / Application for Permission to Appeal Against a Court of Appeal Interlocutory Decision Concerning Stay of Execution; Application Refused

Legal Issues

  1. 1 Whether permission should be granted to appeal to the Court of Final Appeal against a non-final/interlocutory decision refusing a stay of execution
  2. 2 Whether the issues raised are of general or public importance under s22(1)(b) of the Court of Final Appeal Ordinance
  3. 3 Whether exceptional circumstances exist to justify leave against an interlocutory decision

Ratio Decidendi

The Court refused permission to appeal to the Court of Final Appeal because the applicant failed to demonstrate that the appeal raised issues of general or public importance under s22(1)(b) or any exceptional circumstances warranting leave from a non-final interlocutory decision; consequently the application was dismissed and costs were ordered against the applicant.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused; applicant ordered to pay the respondents' costs of the application.

Orders

  • Application for permission to appeal to the Court of Final Appeal dismissed.
  • First applicant to pay the costs of the application to the second and third respondents; if the amount is not agreed the respondents are to submit costs for assessment by this Court in writing under the summary procedure.