YU KIT CHIU AND ANOTHER v. CHAN SHEK WOO t/a "陳潮昌士多"

YU KIT CHIU AND ANOTHER v. CHAN SHEK WOO t/a "陳潮昌士多"

Application refused because the defendant did not show the original refusal of stay was based on wrong or improper considerations or that the appeal was bona fide and would be nugatory; the evidence available up to the date of the original order demonstrated lack of intention to appeal and a stay would cause real...

Source-derived case information.

Citation
YU KIT CHIU AND ANOTHER v. CHAN SHEK WOO t/a "陳潮昌士多"
Parties
Plaintiff: Plaintiff; Defendant: Defendant S
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 April 2006
Case Number
DCCJ5488/2003
Procedural Posture
Application for Leave to Appeal Against Refusal of Stay of Execution / Post Judgment Interlocutory Application to Set Aside Refusal of Stay of Execution
Outcome
application refused
Legal Topics
Stay of Execution, Functus Officio, Discretionary Relief, Costs
Source Language
en
Civil Procedure Appeals Landlord and Tenant Stay of Execution Functus Officio Discretionary Relief Costs

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Parties

Plaintiff

Plaintiff

Defendant S

Defendant

Procedural Posture

Application for Leave to Appeal Against Refusal of Stay of Execution / Post Judgment Interlocutory Application to Set Aside Refusal of Stay of Execution

Legal Issues

  1. 1 Whether the defendant demonstrated a bona fide appeal
  2. 2 Whether refusal of a stay would render the appeal nugatory
  3. 3 Whether the original judicial discretion was wrongly or improperly exercised

Ratio Decidendi

Application refused because the defendant did not show the original refusal of stay was based on wrong or improper considerations or that the appeal was bona fide and would be nugatory; the evidence available up to the date of the original order demonstrated lack of intention to appeal and a stay would cause real hardship and risk to the plaintiff.

Court Disposition

application refused

Orders

  • Costs nisi to the plaintiff with certificate for one counsel
  • Defendant's costs to be assessed in accordance with legal aid regulations