GLORY SKY FINANCE LTD v. CHEN JIANHUA AND ANOTHER

GLORY SKY FINANCE LTD v. CHEN JIANHUA AND ANOTHER

The court dismissed the plaintiff's application for extension and allowed the defendants' application for an unless order because the plaintiff failed to comply with the 14-day payment-in requirement, filed no evidence showing strong grounds for a stay or that refusal of a stay would cause irreparable prejudice, and its history of non-compliance justified an unless order to secure compliance with the judgment.

Citation
[2018] HKCFI 1357
Parties
Plaintiff: Plaintiff; Defendant: 1st Defendant; Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 May 2018
Case Number
HCMP2482/2014
Procedural Posture
Miscellaneous Proceedings No 2482 of 2014 / Application for Leave to Appeal; Application for Stay of Execution; Application for Extension of Time; Hearing of Unless Order
Outcome
Plaintiff's summons for extension dismissed; defendants' application for an unless order allowed; further submissions ordered on terms and costs.
Legal Topics
Stay of Execution, Leave to Appeal, Unless Order, Payment in, Extension of Time, Compliance With Court Orders
Source Language
EN
Civil Procedure Mortgage Enforcement Appeals Enforcement of Judgments Stay of Execution Leave to Appeal Unless Order Payment in +2 more

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

Defendant

2nd Defendant

Defendant

Procedural Posture

Miscellaneous Proceedings No 2482 of 2014 / Application for Leave to Appeal; Application for Stay of Execution; Application for Extension of Time; Hearing of Unless Order

Legal Issues

  1. 1 Whether to grant a stay of execution pending the application for leave to appeal and, if leave granted, the appeal
  2. 2 Whether to extend time for compliance with the judgment/payment-in
  3. 3 Whether to make an unless order dismissing the plaintiff's claim for failure to pay-in as ordered

Ratio Decidendi

The court dismissed the plaintiff's application for extension and allowed the defendants' application for an unless order because the plaintiff failed to comply with the 14-day payment-in requirement, filed no evidence showing strong grounds for a stay or that refusal of a stay would cause irreparable prejudice, and its history of non-compliance justified an unless order to secure compliance with the judgment.

Court Disposition

Plaintiff's summons for extension dismissed; defendants' application for an unless order allowed; further submissions ordered on terms and costs.

Orders

  • Dismiss the plaintiff's summons for an extension of time to comply with the judgment
  • Allow the defendants' application for an unless order