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 failed to demonstrate any arguable error or realistic prospect of success in the proposed appeals; therefore applications for leave to appeal (including out-of-time permission) and for stays are dismissed and costs are awarded to the plaintiff in the sum of HK$62,000 assessed on the lawyer-and-client basis.

Source-derived case information.

Citation
[2020] HKCFI 1037
Parties
Plaintiff: Gain East Investments Limited (東盈投資有限公司); Defendant: Chan Po Wing (陳寶榮)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 June 2020
Case Number
HCA2211/2015
Procedural Posture
Civil Judicial Jurisdiction / Applications for Leave to Appeal and Extension of Time (written Hearing)
Outcome
Both applications dismissed; defendant ordered to pay plaintiff's costs assessed at HK$62,000 on a lawyer-and-client basis; no permission granted for out-of-time appeals and no stays granted.
Legal Topics
Leave to Appeal, Extension of Time, Stay of Execution, Costs Assessment, Written Handling
Source Language
ch
Civil Procedure Appeal Costs Leave to Appeal Extension of Time Stay of Execution Costs Assessment Written Handling

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Parties

Gain East Investments Limited (東盈投資有限公司)

Plaintiff

Chan Po Wing (陳寶榮)

Defendant

Procedural Posture

Civil Judicial Jurisdiction / Applications for Leave to Appeal and Extension of Time (written Hearing)

Legal Issues

  1. 1 Whether the defendant has shown a reasonable prospect of success on appeal
  2. 2 Whether permission to file an appeal out of time should be granted
  3. 3 Whether a stay of execution of the judgments should be granted

Ratio Decidendi

Defendant failed to demonstrate any arguable error or realistic prospect of success in the proposed appeals; therefore applications for leave to appeal (including out-of-time permission) and for stays are dismissed and costs are awarded to the plaintiff in the sum of HK$62,000 assessed on the lawyer-and-client basis.

Court Disposition

Both applications dismissed; defendant ordered to pay plaintiff's costs assessed at HK$62,000 on a lawyer-and-client basis; no permission granted for out-of-time appeals and no stays granted.

Orders

  • Both of the defendant's applications are dismissed.
  • Permission to file appeals out of time is refused.