東盈投資有限公司 對 陳寶榮

東盈投資有限公司 對 陳寶榮

Defendant's submissions were case‑specific challenges to the trial evidence and did not raise issues of great and general or public importance nor any exceptional 'other reasons' to warrant leave to appeal to the Court of Final Appeal; consequently leave was refused and no stay of execution was granted, with costs...

Source-derived case information.

Citation
[2022] HKCA 653
Parties
Plaintiff: GAIN EAST INVESTMENT LIMITED (東盈投資有限公司); Defendant: CHAN PO WING (陳寶榮)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
12 May 2022
Case Number
CACV8/2020
Procedural Posture
Civil Appeal / Application for Leave to Appeal to Court of Final Appeal and Application for Stay of Execution (decided on Paper)
Outcome
Leave to appeal to the Court of Final Appeal refused; application for stay of execution refused; defendant's motion and writ dismissed; costs awarded to plaintiff
Legal Topics
Leave to Appeal to Court of Final Appeal, Stay of Execution, Summary Judgment Enforcement, Disclosure of Bank Records, Costs Assessment
Source Language
ch
Civil Procedure Appeal Enforcement Evidence Costs Leave to Appeal to Court of Final Appeal Stay of Execution Summary Judgment Enforcement +2 more

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Parties

GAIN EAST INVESTMENT LIMITED (東盈投資有限公司)

Plaintiff

CHAN PO WING (陳寶榮)

Defendant

Procedural Posture

Civil Appeal / Application for Leave to Appeal to Court of Final Appeal and Application for Stay of Execution (decided on Paper)

Legal Issues

  1. 1 Whether leave to appeal to the Court of Final Appeal should be granted under Cap.484 s22(1)(b)
  2. 2 Whether the issues raised are of great and general or public importance
  3. 3 Whether there are other exceptional reasons to justify the appeal being determined by the Court of Final Appeal

Ratio Decidendi

Defendant's submissions were case‑specific challenges to the trial evidence and did not raise issues of great and general or public importance nor any exceptional 'other reasons' to warrant leave to appeal to the Court of Final Appeal; consequently leave was refused and no stay of execution was granted, with costs awarded to the plaintiff.

Court Disposition

Leave to appeal to the Court of Final Appeal refused; application for stay of execution refused; defendant's motion and writ dismissed; costs awarded to plaintiff

Orders

  • Leave to appeal to the Court of Final Appeal refused
  • Application for stay of execution refused and related writ/voucher vacated