PROGETTO JEWELLERY CO LTD v. LAU CHIU YING AND ANOTHER

PROGETTO JEWELLERY CO LTD v. LAU CHIU YING AND ANOTHER

A stay of execution was refused because the applicant failed to show an arguable appeal with reasonable prospects and failed to produce evidence of real prejudice; alternatively a stay would only be granted upon payment of all judgment sums into court within 14 days, and absent such payment the stay would not be granted.

Citation
[2020] HKCFI 1835
Parties
Plaintiff; 2nd Defendant (counterclaim): Progetto Jewellery Company Limited; 1st Defendant (original Action): Lau Chiu Ying; 2nd Defendant (original Action); Plaintiff (counterclaim): Joy Design Company Limited; 1st Defendant (counterclaim): Fung Pui Wa
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 August 2020
Case Number
HCA2548/2014
Procedural Posture
Civil (commercial) Post Judgment Applications / Application for Stay of Execution Pending Appeal/leave to Appeal
Outcome
Stay application dismissed
Legal Topics
Stay of Execution, Leave to Appeal, Time Bars, Assessment of Costs, Appeal Prospects, Discovery
Source Language
EN
Civil Procedure Enforcement Appeal Commercial Law Costs Stay of Execution Leave to Appeal Time Bars +3 more

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Parties

Progetto Jewellery Company Limited

Plaintiff; 2nd Defendant (counterclaim)

Lau Chiu Ying

1st Defendant (original Action)

Joy Design Company Limited

2nd Defendant (original Action); Plaintiff (counterclaim)

Fung Pui Wa

1st Defendant (counterclaim)

Procedural Posture

Civil (commercial) Post Judgment Applications / Application for Stay of Execution Pending Appeal/leave to Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal
  2. 2 Whether the intended appeal has reasonable prospects of success (arguable appeal)
  3. 3 Whether leave to appeal out of time was correctly refused

Ratio Decidendi

A stay of execution was refused because the applicant failed to show an arguable appeal with reasonable prospects and failed to produce evidence of real prejudice; alternatively a stay would only be granted upon payment of all judgment sums into court within 14 days, and absent such payment the stay would not be granted.

Court Disposition

Stay application dismissed

Orders

  • Stay of execution dismissed
  • Costs to Progetto awarded; costs summarily assessed at HK$38,000