SIU KOON FUNG AND OTHERS v. SHUN SHING CONSTRUCTION & ENGINEERING CO. LTD.

SIU KOON FUNG AND OTHERS v. SHUN SHING CONSTRUCTION & ENGINEERING CO. LTD.

The interim stay was refused because the appellant failed to adduce cogent evidence that the appeal would be rendered nugatory if payment were not stayed; the relatively small sums involved and the hardship to respondents outweighed the appellant's unsubstantiated assertions of irrecoverability.

Source-derived case information.

Citation
SIU KOON FUNG AND OTHERS v. SHUN SHING CONSTRUCTION & ENGINEERING CO. LTD.
Parties
Claimant: SIU KOON FUNG AND 194 OTHERS; Appellant: SHUN SHING CONSTRUCTION & ENGINEERING COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 July 2002
Case Number
HCLA1/2002
Procedural Posture
Labour Tribunal Appeal / Application for Interim Stay of Execution Pending Appeal
Outcome
Application for interim stay of execution refused
Legal Topics
Stay of Execution, Interim Relief, Leave to Appeal, Enforcement of Judgment
Source Language
en
Labour Law Civil Procedure Appeal Stay of Execution Interim Relief Leave to Appeal Enforcement of Judgment

Source-derived case record

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Parties

SIU KOON FUNG AND 194 OTHERS

Claimant

SHUN SHING CONSTRUCTION & ENGINEERING COMPANY LIMITED

Appellant

Procedural Posture

Labour Tribunal Appeal / Application for Interim Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether an interim stay of execution pending appeal should be granted
  2. 2 Whether the appellant established a real risk that the appeal would be rendered nugatory if a stay is not granted
  3. 3 Whether prejudice to the respondents outweighs the appellant's case for a stay

Ratio Decidendi

The interim stay was refused because the appellant failed to adduce cogent evidence that the appeal would be rendered nugatory if payment were not stayed; the relatively small sums involved and the hardship to respondents outweighed the appellant's unsubstantiated assertions of irrecoverability.

Court Disposition

Application for interim stay of execution refused

Orders

  • Interim stay of execution refused