SUNBROAD HOLDINGS LTD v. ALL OCCUPIERS (whose names are unknown) AND OTHERS

SUNBROAD HOLDINGS LTD v. ALL OCCUPIERS (whose names are unknown) AND OTHERS

A stay of execution was granted because (1) absence of a stay risked rendering the appeal nugatory by allowing demolition or alteration of the external wall and attached structures, and (2) the appeal was reasonably arguable; the application to vary the costs order nisi was dismissed because the Plaintiff succeeded on the principal relief and the related applications were properly treated as one for costs purposes.

Citation
SUNBROAD HOLDINGS LTD v. ALL OCCUPIERS (whose names are unknown) AND OTHERS
Parties
Plaintiff: Plaintiff; Defendant: 3rd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 September 2011
Case Number
HCMP1852/2008
Procedural Posture
Civil (building/adverse Possession) / Interlocutory Applications — Decision on Stay Pending Appeal and Variation of Costs Order Nisi
Outcome
Stay of execution of the judgment dated 24 June 2011 pending the 3rd Defendant's appeal granted; application to vary costs order nisi dismissed.
Legal Topics
Adverse Possession, Stay of Execution, Costs, Order 14 a, Order 18, Enforcement, Demolition
Source Language
EN
Civil Property Procedure Appeal Adverse Possession Stay of Execution Costs Order 14 a +3 more

Case Brief

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Parties

Plaintiff

Plaintiff

3rd Defendant

Defendant

Procedural Posture

Civil (building/adverse Possession) / Interlocutory Applications — Decision on Stay Pending Appeal and Variation of Costs Order Nisi

Legal Issues

  1. 1 Whether a stay of execution pending appeal should be granted
  2. 2 Whether the absence of a stay would render the appeal nugatory
  3. 3 Whether the costs order nisi should be varied given the outcome of Order 14A application

Ratio Decidendi

A stay of execution was granted because (1) absence of a stay risked rendering the appeal nugatory by allowing demolition or alteration of the external wall and attached structures, and (2) the appeal was reasonably arguable; the application to vary the costs order nisi was dismissed because the Plaintiff succeeded on the principal relief and the related applications were properly treated as one for costs purposes.

Court Disposition

Stay of execution of the judgment dated 24 June 2011 pending the 3rd Defendant's appeal granted; application to vary costs order nisi dismissed.

Orders

  • Stay of execution of the judgment dated 24 June 2011 pending the 3rd Defendant's appeal.
  • Costs of the application for stay pending appeal to be in the cause of the appeal.