In re Application for Leave to Appeal and a Stay of Execution, ex parte

In re Application for Leave to Appeal and a Stay of Execution, ex parte

Application for extension of time and stay was dismissed because the applicant's prospects of success were very slim (requiring overturning primary facts) and granting an extension would cause undue prejudice and delay, compounded by non‑compliance with prior stay terms.

Citation
In re Application for Leave to Appeal and a Stay of Execution, ex parte
Parties
Plaintiff/respondent: Plaintiff/Respondent; Defendant/applicant: Defendant/Applicant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 April 1996
Case Number
HCMP867/1996
Procedural Posture
Ex Parte Application for Leave to Appeal and Stay of Execution (miscellaneous Proceedings) / Application for Extension of Time and Stay; Decision at First Instance Appeal Stage (judgment)
Outcome
Application for extension of time and stay dismissed; summons dismissed
Legal Topics
Extension of Time, Stay of Execution, Prospects of Success, Prejudice to Opposing Party, Findings of Primary Fact, Compliance With Stay Terms
Source Language
EN
Civil Procedure Appeals Extension of Time Stay of Execution Prospects of Success Prejudice to Opposing Party Findings of Primary Fact Compliance With Stay Terms

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Parties

Plaintiff/Respondent

Plaintiff/respondent

Defendant/Applicant

Defendant/applicant

Procedural Posture

Ex Parte Application for Leave to Appeal and Stay of Execution (miscellaneous Proceedings) / Application for Extension of Time and Stay; Decision at First Instance Appeal Stage (judgment)

Legal Issues

  1. 1 Whether to grant an extension of time to appeal
  2. 2 Whether to grant a stay of execution pending appeal
  3. 3 Assessment of prospects of success on appeal given findings of primary fact

Ratio Decidendi

Application for extension of time and stay was dismissed because the applicant's prospects of success were very slim (requiring overturning primary facts) and granting an extension would cause undue prejudice and delay, compounded by non‑compliance with prior stay terms.

Court Disposition

Application for extension of time and stay dismissed; summons dismissed

Orders

  • Summons dismissed
  • No extension of time granted