WONG YUK TUNG v. WONG PO LING AND ANOTHER

WONG YUK TUNG v. WONG PO LING AND ANOTHER

The court refused to exercise its discretion to extend time because the defendants' delay was substantial and inexcusable and the proposed appeal had insufficient prospects of success such that overall justice did not require extension; consequentially the application for stay of execution was dismissed and costs were awarded to the plaintiff.

Citation
[2018] HKCA 109
Parties
Plaintiff: Father; 1st Defendant: Clara; 2nd Defendant: 2nd Defendant (company controlled by Clara)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 February 2018
Case Number
HCMP620/2017
Procedural Posture
Civil Appeal Application / Application for Extension of Time to Appeal and Stay of Execution (post Judgment)
Outcome
Defendants' application for extension of time to appeal and application for stay of execution dismissed
Legal Topics
Common Intention Constructive Trust, Extension of Time to Appeal, Stay of Execution, Tracing, Presumption of Advancement, Costs
Source Language
EN
Trusts Property Civil Procedure Family Law Equity and Tracing Common Intention Constructive Trust Extension of Time to Appeal Stay of Execution +3 more

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Parties

Father

Plaintiff

Clara

1st Defendant

2nd Defendant (company controlled by Clara)

2nd Defendant

Procedural Posture

Civil Appeal Application / Application for Extension of Time to Appeal and Stay of Execution (post Judgment)

Legal Issues

  1. 1 Whether to grant an extension of time to appeal a judgment delivered 30 September 2016
  2. 2 Whether to grant a stay of execution of that judgment
  3. 3 Whether the Recorder was correct to find an express/common intention constructive trust in favour of the plaintiff

Ratio Decidendi

The court refused to exercise its discretion to extend time because the defendants' delay was substantial and inexcusable and the proposed appeal had insufficient prospects of success such that overall justice did not require extension; consequentially the application for stay of execution was dismissed and costs were awarded to the plaintiff.

Court Disposition

Defendants' application for extension of time to appeal and application for stay of execution dismissed

Orders

  • Defendants' summons for extension of time to appeal dismissed
  • Defendants' summons for a stay of execution dismissed