LAU SIU HUNG AND ANOTHER v. KRZYSZTOF MARSZALEK AND ANOTHER

LAU SIU HUNG AND ANOTHER v. KRZYSZTOF MARSZALEK AND ANOTHER

The stay was refused because the appeal was assessed as barely arguable except on a narrow estoppel point, the respondents failed to show why execution would be nugatory or to disclose the whereabouts of funds taken from Starline, and denial of enforcement would prejudice the creditors and frustrate recovery of over HK$22 million.

Citation
LAU SIU HUNG AND ANOTHER v. KRZYSZTOF MARSZALEK AND ANOTHER
Parties
Applicant (joint and Several Liquidator of Starline International Group Limited (in Liquidation)): Lau Siu Hung; Applicant (joint and Several Liquidator of Starline International Group Limited (in Liquidation)): Liang Yang Keng; 1st Respondent: Krzysztof Marszalek; 2nd Respondent: Yu Shun Leung Grady
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 July 2013
Case Number
HCCW484/2009
Procedural Posture
Companies (winding‑up) Proceedings / Application for Stay of Execution Pending Appeal (stay Application)
Outcome
Stay application dismissed
Legal Topics
Stay of Execution, Appeal Threshold (arguable Appeal), Liquidators' Recovery of Assets, Estoppel by Record, Nugatory Execution
Source Language
EN
Company Law Insolvency Civil Procedure Appeal Stay of Execution Appeal Threshold (arguable Appeal) Liquidators' Recovery of Assets Estoppel by Record +1 more

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Parties

Lau Siu Hung

Applicant (joint and Several Liquidator of Starline International Group Limited (in Liquidation))

Liang Yang Keng

Applicant (joint and Several Liquidator of Starline International Group Limited (in Liquidation))

Krzysztof Marszalek

1st Respondent

Yu Shun Leung Grady

2nd Respondent

Procedural Posture

Companies (winding‑up) Proceedings / Application for Stay of Execution Pending Appeal (stay Application)

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal
  2. 2 Whether the proposed appeal has reasonable prospects of success (arguable appeal)
  3. 3 Whether execution would be nugatory given the respondents' alleged lack of assets and effect on their business

Ratio Decidendi

The stay was refused because the appeal was assessed as barely arguable except on a narrow estoppel point, the respondents failed to show why execution would be nugatory or to disclose the whereabouts of funds taken from Starline, and denial of enforcement would prejudice the creditors and frustrate recovery of over HK$22 million.

Court Disposition

Stay application dismissed

Orders

  • Direction granted that the judgment and order dated 17 June 2013 is one referred to in para 1(1)(a) of O.59 r.21(1)(a)
  • Costs of the summons to be in the cause of the appeal