CHOY PO CHUN AND ANOTHER v. AU WING LUN

CHOY PO CHUN AND ANOTHER v. AU WING LUN

The court stayed execution of the order requiring payment into court because ordering return of the money would touch the subject matter of the appeal and could enable the plaintiffs to seek further securities, thereby prejudicing the respondent; the funds therefore remain in court pending the appeal.

Citation
CHOY PO CHUN AND ANOTHER v. AU WING LUN
Parties
Plaintiff: Plaintiffs; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 October 2011
Case Number
HCMP1617/2011
Procedural Posture
Civil Appeal From Interlocutory Summary Judgment/security for Costs Order / Interlocutory Appeal; Application for Stay of Execution and Release of Security Pending Appeal
Outcome
Stay of the order granted; no release of the money paid into court pending appeal
Legal Topics
Summary Judgment, Stay of Execution, Release of Funds Paid Into Court, Security for Costs, Interlocutory Relief
Source Language
EN
Civil Procedure Appeal Costs Security for Costs Summary Judgment Stay of Execution Release of Funds Paid Into Court Interlocutory Relief

Case Brief

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Parties

Plaintiffs

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Appeal From Interlocutory Summary Judgment/security for Costs Order / Interlocutory Appeal; Application for Stay of Execution and Release of Security Pending Appeal

Legal Issues

  1. 1 Whether the order requiring payment of security into court should be stayed pending appeal
  2. 2 Whether the monies paid into court should be released pending appeal
  3. 3 Whether permitting release would improperly touch the subject matter of the appeal and prejudice the respondent

Ratio Decidendi

The court stayed execution of the order requiring payment into court because ordering return of the money would touch the subject matter of the appeal and could enable the plaintiffs to seek further securities, thereby prejudicing the respondent; the funds therefore remain in court pending the appeal.

Court Disposition

Stay of the order granted; no release of the money paid into court pending appeal

Orders

  • Stay of execution of the order requiring payment of $500,000 into court pending the appeal
  • No order for release of the $500,000 paid into court at this time