KONG HON KUI THOMAS and KONG HON QUAN MARIUS (Administrators of the Estate of Kong So Ngo, Deceased) v. WU YUK CHUN JUDY AND ANOTHER

KONG HON KUI THOMAS and KONG HON QUAN MARIUS (Administrators of the Estate of Kong So Ngo, Deceased) v. WU YUK CHUN JUDY AND ANOTHER

An interim stay of execution was justified in relation to the Possession Order because without it the appeal risked being rendered nugatory and the applicant would suffer disproportionate inconvenience, but the stay must be conditional on payment into court to protect the respondents; accordingly the court granted an interim stay of the Possession Order until the appeal hearing subject to D1 paying HK$200,000 into court within 21 days and refused stays in respect of the other orders because the applicant failed to show inability to pay or sufficient grounds for those orders to be stayed.

Citation
[2019] HKCFI 2416
Parties
Plaintiffs: KONG HON KUI THOMAS and KONG HON QUAN MARIUS (Administrators of the Estate of Kong So Ngo, Deceased); 1st Defendant: WU YUK CHUN JUDY; 2nd Defendant: ALL PERSONS IN OCCUPATION OF 2nd FLOOR, BOTANICAL COURT, NO. 5 CAINE ROAD, HONG KONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 October 2019
Case Number
HCA350/2013
Procedural Posture
Action No 350 of 2013 (possession and Related Reliefs) / Application for Stay of Execution Pending Appeal After Judgment
Outcome
Interim stay of execution granted in respect of the Possession Order only, until the hearing of the appeal, conditional on payment of HK$200,000 into court by 3 October 2019; no stay granted for the Mesne Profits Order, Account Order or Chattels Order; costs in the cause of the appeal.
Legal Topics
Possession, Stay of Execution, Mesne Profits, Accounts, Chattels, Appeal
Source Language
EN
Property Equity Civil Procedure Possession Stay of Execution Mesne Profits Accounts Chattels +1 more

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Parties

KONG HON KUI THOMAS and KONG HON QUAN MARIUS (Administrators of the Estate of Kong So Ngo, Deceased)

Plaintiffs

WU YUK CHUN JUDY

1st Defendant

ALL PERSONS IN OCCUPATION OF 2nd FLOOR, BOTANICAL COURT, NO. 5 CAINE ROAD, HONG KONG

2nd Defendant

Procedural Posture

Action No 350 of 2013 (possession and Related Reliefs) / Application for Stay of Execution Pending Appeal After Judgment

Legal Issues

  1. 1 Whether a stay of execution pending appeal should be granted in respect of the Possession Order
  2. 2 Whether the appeal would be rendered nugatory without a stay
  3. 3 Whether security should be required as a condition for a stay and the amount of such security

Ratio Decidendi

An interim stay of execution was justified in relation to the Possession Order because without it the appeal risked being rendered nugatory and the applicant would suffer disproportionate inconvenience, but the stay must be conditional on payment into court to protect the respondents; accordingly the court granted an interim stay of the Possession Order until the appeal hearing subject to D1 paying HK$200,000 into court within 21 days and refused stays in respect of the other orders because the applicant failed to show inability to pay or sufficient grounds for those orders to be stayed.

Court Disposition

Interim stay of execution granted in respect of the Possession Order only, until the hearing of the appeal, conditional on payment of HK$200,000 into court by 3 October 2019; no stay granted for the Mesne Profits Order, Account Order or Chattels Order; costs in the cause of the appeal.

Orders

  • Interim stay granted in respect of paragraph 2 (Possession Order) of the Judgment until the hearing of the appeal
  • Condition: 1st Defendant to pay into court HK$200,000 within 21 days (on or before 3 October 2019)