CHOW HOW YEEN MARGARET AND OTHERS v. WEX PHARMACEUTICALS INC. AND ANOTHER

CHOW HOW YEEN MARGARET AND OTHERS v. WEX PHARMACEUTICALS INC. AND ANOTHER

Application for stay was dismissed because the defendants demonstrated only one arguable ground with little prospect of success, failed to establish a real risk that plaintiffs would not repay sums if appeal succeeded, failed to pursue undertakings or payment into court, and plaintiffs showed sufficient assets and pleaded reliance; therefore no good reason for a stay on nisi basis.

Citation
CHOW HOW YEEN MARGARET AND OTHERS v. WEX PHARMACEUTICALS INC. AND ANOTHER
Parties
1st Plaintiff: CHOW HOW YEEN MARGARET; 2nd Plaintiff: GAO CHENG (XIE LI) COMPANY LIMITED; 3rd Plaintiff: MUSCULAR INVESTMENT COMPANY LIMITED; 1st Defendant: WEX PHARMACEUTICALS INC.; 2nd Defendant: WEX MEDICAL LIMITED; 1st Third Party: FRANK HAY KONG SHUM; 2nd Third Party: GRACE WAI LAN LEONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 May 2017
Case Number
HCA537/2013
Procedural Posture
Civil Fraud/deceit Action / Post Judgment Application for Stay Pending Appeal
Outcome
Application dismissed on nisi basis; stay pending appeal refused
Legal Topics
Stay of Execution, Appeal, Fraudulent Misrepresentation, Damages, Pleading Requirements
Source Language
EN
Civil Procedure Fraud (deceit) Contract Remedies Stay of Execution Appeal Fraudulent Misrepresentation Damages +1 more

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Parties

CHOW HOW YEEN MARGARET

1st Plaintiff

GAO CHENG (XIE LI) COMPANY LIMITED

2nd Plaintiff

MUSCULAR INVESTMENT COMPANY LIMITED

3rd Plaintiff

WEX PHARMACEUTICALS INC.

1st Defendant

WEX MEDICAL LIMITED

2nd Defendant

FRANK HAY KONG SHUM

1st Third Party

GRACE WAI LAN LEONG

2nd Third Party

Procedural Posture

Civil Fraud/deceit Action / Post Judgment Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution pending appeal should be granted
  2. 2 Whether the appeal disclosed arguable grounds or more than arguable prospects of success
  3. 3 Whether the plaintiffs sufficiently pleaded reliance and deceit

Ratio Decidendi

Application for stay was dismissed because the defendants demonstrated only one arguable ground with little prospect of success, failed to establish a real risk that plaintiffs would not repay sums if appeal succeeded, failed to pursue undertakings or payment into court, and plaintiffs showed sufficient assets and pleaded reliance; therefore no good reason for a stay on nisi basis.

Court Disposition

Application dismissed on nisi basis; stay pending appeal refused

Orders

  • Application for stay dismissed on nisi basis
  • Indemnity costs to the plaintiffs, to be taxed if not agreed