CHAN YU CHAU v. FONG ON CONSTRUCTION & ENGINEERING CO. LTD.

CHAN YU CHAU v. FONG ON CONSTRUCTION & ENGINEERING CO. LTD.

The application for a stay was dismissed because the 1st Defendant failed to demonstrate that refusal would render any successful appeal nugatory; the appeal was thinly grounded and the defendant retained adequate alternative remedies and cost protections.

Citation
CHAN YU CHAU v. FONG ON CONSTRUCTION & ENGINEERING CO. LTD.
Parties
Plaintiff: Pinky; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant; Intervenor: Employee Compensation Assistance Fund Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 July 2002
Case Number
HCPI753/2000
Procedural Posture
Civil Stay Application Pending Appeal / Post Judgment Application to Stay Execution Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Appeal Bona Fides, Costs Orders, Intervention and Recovery
Source Language
EN
Civil Procedure Appeal Costs Judgment Enforcement Employment Compensation Stay of Execution Appeal Bona Fides Costs Orders +1 more

Case Brief

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Parties

Pinky

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

Employee Compensation Assistance Fund Board

Intervenor

Procedural Posture

Civil Stay Application Pending Appeal / Post Judgment Application to Stay Execution Pending Appeal

Legal Issues

  1. 1 Whether to grant a stay of the judgment pending determination of the appeal
  2. 2 Whether the appeal is bona fide or thin
  3. 3 Whether refusal of a stay would render any successful appeal nugatory

Ratio Decidendi

The application for a stay was dismissed because the 1st Defendant failed to demonstrate that refusal would render any successful appeal nugatory; the appeal was thinly grounded and the defendant retained adequate alternative remedies and cost protections.

Court Disposition

Application dismissed

Orders

  • The application for a stay of the judgment is dismissed.
  • The 1st Defendant must pay the Plaintiff's costs of the application.