EDWIN KWOK WING YUN v. LEE SHUK YEE

EDWIN KWOK WING YUN v. LEE SHUK YEE

The application for a stay was refused because the court held that the mere requirement to render an account within 14 days did not constitute a good reason to stay execution pending appeal and did not render the appeal nugatory.

Citation
EDWIN KWOK WING YUN v. LEE SHUK YEE
Parties
Plaintiff Trustee in Bankruptcy of the Property of Lee Sin Chung: Edwin Kwok Wing Yun; Defendant Administratrix of the Estate of Lee Kwong Yuen, Deceased: Lee Shuk Yee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 June 2002
Case Number
HCMP3904/2001
Procedural Posture
Miscellaneous Proceedings (hcmp 3904/2001) / Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution refused.
Legal Topics
Stay of Execution, Appeal, Accounting in Administration of Estate
Source Language
EN
Civil Procedure Probate and Estate Administration Bankruptcy Stay of Execution Appeal Accounting in Administration of Estate

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Parties

Edwin Kwok Wing Yun

Plaintiff Trustee in Bankruptcy of the Property of Lee Sin Chung

Lee Shuk Yee

Defendant Administratrix of the Estate of Lee Kwong Yuen, Deceased

Procedural Posture

Miscellaneous Proceedings (hcmp 3904/2001) / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution pending appeal should be granted
  2. 2 Whether requiring the defendant to render an account would render the appeal nugatory

Ratio Decidendi

The application for a stay was refused because the court held that the mere requirement to render an account within 14 days did not constitute a good reason to stay execution pending appeal and did not render the appeal nugatory.

Court Disposition

Application for stay of execution refused.

Orders

  • Application for stay of execution refused.