AU CHI KWONG AND OTHERS v. HSU JUNG CHIAO and HSU TSUI FONG t/a YIU FUNG TRANSPORTATION CO.

AU CHI KWONG AND OTHERS v. HSU JUNG CHIAO and HSU TSUI FONG t/a YIU FUNG TRANSPORTATION CO.

The ex parte application for a stay was refused because the applicants failed to provide any factual basis to show exceptional circumstances; the mere existence of security deposited with the Labour Tribunal was insufficient to justify a stay of execution.

Citation
AU CHI KWONG AND OTHERS v. HSU JUNG CHIAO and HSU TSUI FONG t/a YIU FUNG TRANSPORTATION CO.
Parties
1st Claimant: AU CHI KWONG; 2nd Claimant: TANG SIU HONG; 3rd Claimant: LEUNG KAU NAM; Defendants: HSU JUNG CHIAO and HSU TSUI FONG t/a YIU FUNG TRANSPORTATION COMPANY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 October 2001
Case Number
HCLA82/2001
Procedural Posture
Labour Tribunal Appeal (appeal From Labour Tribunal Claim No. 6096 of 2000) / Ex Parte Application for Stay of Execution of Labour Tribunal Award After Trial
Outcome
Ex parte application for stay of execution refused
Legal Topics
Stay of Execution, Leave to Appeal, Security Deposited With Tribunal
Source Language
EN
Civil Procedure Labour and Employment Law Stay of Execution Leave to Appeal Security Deposited With Tribunal

Case Brief

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Parties

AU CHI KWONG

1st Claimant

TANG SIU HONG

2nd Claimant

LEUNG KAU NAM

3rd Claimant

HSU JUNG CHIAO and HSU TSUI FONG t/a YIU FUNG TRANSPORTATION COMPANY

Defendants

Procedural Posture

Labour Tribunal Appeal (appeal From Labour Tribunal Claim No. 6096 of 2000) / Ex Parte Application for Stay of Execution of Labour Tribunal Award After Trial

Legal Issues

  1. 1 Whether to grant a stay of execution of the Labour Tribunal award
  2. 2 Whether the security deposited with the Labour Tribunal constitutes exceptional circumstances justifying a stay
  3. 3 Whether applicants provided a factual basis to show futility of the appeal if security is released

Ratio Decidendi

The ex parte application for a stay was refused because the applicants failed to provide any factual basis to show exceptional circumstances; the mere existence of security deposited with the Labour Tribunal was insufficient to justify a stay of execution.

Court Disposition

Ex parte application for stay of execution refused

Orders

  • Ex parte application for stay of execution of the Labour Tribunal award dated 7 February 2001 is refused