LAM ROGERIO SOU FUNG v. TAN SOON GIN GEORGE

LAM ROGERIO SOU FUNG v. TAN SOON GIN GEORGE

The applicant failed to establish good reasons for a stay: the appeal did not show strong prospects of success on credibility-based findings, and the applicant failed to prove an appreciable risk that the appeal would be rendered nugatory since the respondent's sworn evidence of assets and collection was not sufficiently impugned; accordingly the stay and interim stay were refused and the funds paid into court were ordered released to the successful party with costs against the applicant.

Citation
LAM ROGERIO SOU FUNG v. TAN SOON GIN GEORGE
Parties
Plaintiff in the Issue: Ironwood Overseas Limited; Defendant in the Issue: Lam Rogerio Sou Fung; Defendant by Counterclaim / Applicant for Stay: Tan Soon Gin George
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 July 2011
Case Number
HCA2576/2005
Procedural Posture
Civil Proceedings: Application for Stay of Execution Pending Appeal and Application for Payment Out of Sums Paid Into Court / Interim Hearing in Chambers on Applications Dated 26 July 2011 (decision 26 27 July 2011)
Outcome
Application for stay of execution dismissed; interim stay refused; application for payment out granted; costs awarded to respondent (Lam) against applicant (Tan).
Legal Topics
Stay of Execution, Impecuniosity, Conversion, Delivery Up of Property, Interpleader/payment Out, Interim Stay, Assessment of Credibility and Evidence, Costs Follow the Event
Source Language
EN
Civil Procedure Appeal Enforcement of Judgment Property (conversion) Costs Stay of Execution Impecuniosity Conversion +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Ironwood Overseas Limited

Plaintiff in the Issue

Lam Rogerio Sou Fung

Defendant in the Issue

Tan Soon Gin George

Defendant by Counterclaim / Applicant for Stay

Procedural Posture

Civil Proceedings: Application for Stay of Execution Pending Appeal and Application for Payment Out of Sums Paid Into Court / Interim Hearing in Chambers on Applications Dated 26 July 2011 (decision 26 27 July 2011)

Legal Issues

  1. 1 Whether a stay of execution pending appeal should be granted
  2. 2 Whether the appellant demonstrated an arguable appeal with reasonable prospect of success
  3. 3 Whether there is an appreciable risk that the appeal would be rendered nugatory due to respondent's impecuniosity or disposition of assets

Ratio Decidendi

The applicant failed to establish good reasons for a stay: the appeal did not show strong prospects of success on credibility-based findings, and the applicant failed to prove an appreciable risk that the appeal would be rendered nugatory since the respondent's sworn evidence of assets and collection was not sufficiently impugned; accordingly the stay and interim stay were refused and the funds paid into court were ordered released to the successful party with costs against the applicant.

Court Disposition

Application for stay of execution dismissed; interim stay refused; application for payment out granted; costs awarded to respondent (Lam) against applicant (Tan).

Orders

  • Application for stay of execution dismissed.
  • Interim stay refused.