LIU WAI KEUNG v. LIU WAI MAN

LIU WAI KEUNG v. LIU WAI MAN

The application to lift the statutory stay was dismissed because the statutory stay was validly triggered by the Director's memorandum under section 15 and regulation 7A, the court should be slow to lift such a stay, and the plaintiff failed to demonstrate sufficient prejudice or hardship to justify exercise of the...

Source-derived case information.

Citation
LIU WAI KEUNG v. LIU WAI MAN
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 October 2013
Case Number
HCA1106/2011
Procedural Posture
Civil Action Concerning Beneficial Ownership and Payment Out of Funds Paid Into Court / Post Trial Application to Lift Statutory Stay and Summons for Payment Out
Outcome
Application to lift the statutory stay dismissed; summons for payment out adjourned and stayed pursuant to the Legal Aid Ordinance.
Legal Topics
Statutory Stay, Legal Aid Ordinance, Payment Out of Court Funds, Lifting Stay, Costs Taxation, Beneficial Ownership
Source Language
en
Legal Aid Civil Procedure Property Costs Statutory Stay Legal Aid Ordinance Payment Out of Court Funds Lifting Stay +2 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Action Concerning Beneficial Ownership and Payment Out of Funds Paid Into Court / Post Trial Application to Lift Statutory Stay and Summons for Payment Out

Legal Issues

  1. 1 Whether the court should lift the statutory stay imposed under section 15 of the Legal Aid Ordinance pending determination of a legal aid application
  2. 2 Whether the plaintiff demonstrated prejudice or hardship sufficient to justify lifting the statutory stay
  3. 3 Appropriate costs orders where stay application is dismissed

Ratio Decidendi

The application to lift the statutory stay was dismissed because the statutory stay was validly triggered by the Director's memorandum under section 15 and regulation 7A, the court should be slow to lift such a stay, and the plaintiff failed to demonstrate sufficient prejudice or hardship to justify exercise of the discretion to lift the stay.

Court Disposition

Application to lift the statutory stay dismissed; summons for payment out adjourned and stayed pursuant to the Legal Aid Ordinance.

Orders

  • Application to lift the stay dismissed
  • Summons for payment out adjourned and stayed pursuant to the Legal Aid Ordinance