IRONWOOD OVERSEAS LTD v. LAM ROGERIO SOU FUNG

IRONWOOD OVERSEAS LTD v. LAM ROGERIO SOU FUNG

The application for stay was dismissed because the appellant failed to show strong grounds of appeal and failed to establish an appreciable risk that the appeal would be rendered nugatory (insufficient evidence of respondent's impecuniosity or disposition of assets); accordingly the sums paid into court were ordered paid out to the successful party and interim stay refused.

Citation
IRONWOOD OVERSEAS LTD v. LAM ROGERIO SOU FUNG
Parties
Plaintiff in the Issue: Ironwood Overseas Limited; Defendant in the Issue: Lam Rogerio Sou Fung; Defendant by Counterclaim in Hca2576/2005: Tan Soon Gin George
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 July 2011
Case Number
HCA2545/2005
Procedural Posture
Interlocutory Applications: Stay of Execution and Payment Out / Hearing and Decision on Applications (chambers)
Outcome
Application for stay of execution dismissed; interim stay refused; application for payment out granted.
Legal Topics
Stay of Execution, Payment Out of Funds, Interim Stay, Costs, Credibility of Witnesses, Impecuniosity as Ground to Render Appeal Nugatory
Source Language
EN
Civil Procedure Appeal Enforcement Commercial Litigation Property (conversion) Stay of Execution Payment Out of Funds Interim Stay +3 more

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Parties

Ironwood Overseas Limited

Plaintiff in the Issue

Lam Rogerio Sou Fung

Defendant in the Issue

Tan Soon Gin George

Defendant by Counterclaim in Hca2576/2005

Procedural Posture

Interlocutory Applications: Stay of Execution and Payment Out / Hearing and Decision on Applications (chambers)

Legal Issues

  1. 1 Whether to grant a stay of execution pending appeal
  2. 2 Whether appellant demonstrated an arguable/strong appeal
  3. 3 Whether there is an appreciable risk the appeal would be rendered nugatory by respondent's impecuniosity or disposition of assets

Ratio Decidendi

The application for stay was dismissed because the appellant failed to show strong grounds of appeal and failed to establish an appreciable risk that the appeal would be rendered nugatory (insufficient evidence of respondent's impecuniosity or disposition of assets); accordingly the sums paid into court were ordered paid out to the successful party and interim stay refused.

Court Disposition

Application for stay of execution dismissed; interim stay refused; application for payment out granted.

Orders

  • The two sums paid into court by Sotheby\u2019s Hong Kong Limited pursuant to the Order dated 26 May 2006 together with accrued interest shall be paid out to Lam Rogerio Sou Fung or his solicitors.
  • Tan Soon Gin George to pay the costs of Sotheby\u2019s and Lam on the interpleader summons; Sotheby\u2019s assessed costs of HK$379,404 were deducted from sale proceeds; Tan to forthwith pay HK$379,404 to Lam.