CHAN PAK WING 及另一人 對 朱小蘭

CHAN PAK WING 及另一人 對 朱小蘭

The Court refused leave because the appeal had no real prospect of success and no other reason justified a hearing; statutory and rule provisions do not automatically stay subordinate court procedures on filing an appeal or leave application, the defendant had not applied for a stay in the Regional Court, and...

Source-derived case information.

Citation
[2022] HKCA 244
Parties
First Plaintiff: Chan Pak Wing; Second Plaintiff: Chan Lai Kuen; Defendant: Chu Hsiao Lan (朱小蘭)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
17 February 2022
Case Number
CAMP125/2021
Procedural Posture
Application for Leave to Appeal to the Court of Appeal / Leave Application Decided on Written Submissions
Outcome
Application for leave to appeal refused; defendant's 22 April 2021 summons dismissed; costs awarded against defendant.
Legal Topics
Injunction, Registration of Interim Judgment, Stay/suspension of Execution, Default Judgment for Failure to File Defence, Service of Proceedings, Costs Assessment
Source Language
ch
Civil Procedure Property Law Nuisance Injunctions Injunction Registration of Interim Judgment Stay/suspension of Execution Default Judgment for Failure to File Defence +2 more

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Parties

Chan Pak Wing

First Plaintiff

Chan Lai Kuen

Second Plaintiff

Chu Hsiao Lan (朱小蘭)

Defendant

Procedural Posture

Application for Leave to Appeal to the Court of Appeal / Leave Application Decided on Written Submissions

  1. 1 Whether the filing of an application for leave to appeal or judicial officer directions automatically stays or renders interlocutory steps of the lower court ineffective
  2. 2 Whether Order 59 r13 of the High Court Rules or s66 of the Regional Court Ordinance operated to suspend the Regional Court proceedings in the absence of a specific stay application
  3. 3 Whether the proposed appeal had a real prospect of success or other reason to justify granting leave

Ratio Decidendi

The Court refused leave because the appeal had no real prospect of success and no other reason justified a hearing; statutory and rule provisions do not automatically stay subordinate court procedures on filing an appeal or leave application, the defendant had not applied for a stay in the Regional Court, and therefore the judge correctly proceeded to register judgment, grant injunctions and award costs.

Court Disposition

Application for leave to appeal refused; defendant's 22 April 2021 summons dismissed; costs awarded against defendant.

Orders

  • Leave to appeal refused
  • Defendant's 22 April 2021 summons dismissed and revoked