L v. C

L v. C

The court exercised its discretion to make a supplemental order permitting the wife six months from the date of judgment (until 25 November 2007) to vacate and deliver possession of the property, finding the demand to vacate within days unreasonable and that six months was reasonable; the stay of execution as to payment was unnecessary because the sum had been paid. The court granted liberty to apply to preserve parties' positions and allocated costs: husband entitled to costs for the application seeking deferral of the lump sum, wife entitled to costs regarding the property application.

Citation
L v. C
Parties
Petitioner: Wife; Respondent: Husband
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
12 July 2007
Case Number
CACV169/2006
Procedural Posture
Civil Appeal (court of Appeal) / Post Judgment Summons for Supplemental Order and Stay
Outcome
Summons granted in part: supplemental order made allowing wife until 25 November 2007 to vacate property; stay of execution unnecessary as payment made; liberty to apply granted to both parties; costs allocated between parties.
Legal Topics
Enforcement of Judgment, Supplemental Orders, Possession, Stay of Execution, Costs
Source Language
EN
Family Law Civil Procedure Property Law Enforcement of Judgment Supplemental Orders Possession Stay of Execution Costs

Case Brief

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Parties

Wife

Petitioner

Husband

Respondent

Procedural Posture

Civil Appeal (court of Appeal) / Post Judgment Summons for Supplemental Order and Stay

Legal Issues

  1. 1 Whether a stay of execution of the money judgment should be granted
  2. 2 Whether the court should make a supplemental order permitting the wife to remain in the property until a specified date
  3. 3 What is a reasonable period for the wife to vacate the property

Ratio Decidendi

The court exercised its discretion to make a supplemental order permitting the wife six months from the date of judgment (until 25 November 2007) to vacate and deliver possession of the property, finding the demand to vacate within days unreasonable and that six months was reasonable; the stay of execution as to payment was unnecessary because the sum had been paid. The court granted liberty to apply to preserve parties' positions and allocated costs: husband entitled to costs for the application seeking deferral of the lump sum, wife entitled to costs regarding the property application.

Court Disposition

Summons granted in part: supplemental order made allowing wife until 25 November 2007 to vacate property; stay of execution unnecessary as payment made; liberty to apply granted to both parties; costs allocated between parties.

Orders

  • Wife shall vacate and deliver possession of the property to the husband on or before 25 November 2007.
  • Liberty to apply granted to both parties.