SALAZAR ALMA F. v. CHAN CHUE KAI AND ANOTHER

SALAZAR ALMA F. v. CHAN CHUE KAI AND ANOTHER

The application for a stay fails because the applicant did not demonstrate arguable grounds of appeal on points of law or reasonable prospects of success; the matters relied on are factual and leave to appeal under section 32 is limited to points of law, therefore no stay is justified and the application is dismissed.

Citation
SALAZAR ALMA F. v. CHAN CHUE KAI AND ANOTHER
Parties
Claimant (respondent): Salazar Alma F.; 1st Defendant (applicant): Chan Chue Kai; 2nd Defendant: Lung Shuk Wah
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 December 2012
Case Number
HCLA21/2012
Procedural Posture
Labour Tribunal Appeal / Application for Stay of Execution (pre Leave to Appeal)
Outcome
Application for stay of execution dismissed
Legal Topics
Stay of Execution, Leave to Appeal, Interlocutory Orders, Enforcement, Points of Law
Source Language
EN
Labour Law Civil Procedure Appeals Stay of Execution Leave to Appeal Interlocutory Orders Enforcement Points of Law

Case Brief

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Parties

Salazar Alma F.

Claimant (respondent)

Chan Chue Kai

1st Defendant (applicant)

Lung Shuk Wah

2nd Defendant

Procedural Posture

Labour Tribunal Appeal / Application for Stay of Execution (pre Leave to Appeal)

Legal Issues

  1. 1 Whether a stay of execution should be granted pending an application for leave to appeal
  2. 2 Whether the applicant has shown a reasonable prospect of success on appeal (arguable grounds of law)
  3. 3 Whether the appeal would be rendered nugatory without a stay

Ratio Decidendi

The application for a stay fails because the applicant did not demonstrate arguable grounds of appeal on points of law or reasonable prospects of success; the matters relied on are factual and leave to appeal under section 32 is limited to points of law, therefore no stay is justified and the application is dismissed.

Court Disposition

Application for stay of execution dismissed

Orders

  • Application for stay of execution dismissed
  • No stay granted; security monies to be transferred to the claimant in accordance with the Labour Tribunal order