XUE BORAN及另一人 對 HUI CHI SUM及另一人

XUE BORAN及另一人 對 HUI CHI SUM及另一人

The court refused the stay because all eight grounds of appeal lacked a reasonable prospect of success and the newly produced documents and oral assertions did not satisfy the Ladd v Marshall criteria and in fact undermined the defendants' credibility; consequently the minimum threshold for granting a stay was not met and no discretionary reason to grant a stay was shown.

Citation
[2024] HKCFI 2921
Parties
First Plaintiff: XUE BORAN; Second Plaintiff: YANG LIXUAN; First Defendant: HUI CHI SUM; Second Defendant: YUEN SZE MAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2024
Case Number
HCA2493/2018
Procedural Posture
Civil / Stay of Execution Application (post Judgment, Pending Appeal)
Outcome
Application to stay execution dismissed and summons of 24 May 2024 revoked
Legal Topics
Stay of Execution, New Evidence (ladd V Marshall), Prospects of Success Threshold, Costs
Source Language
CH
Civil Procedure Enforcement Appeals Evidence Stay of Execution New Evidence (ladd V Marshall) Prospects of Success Threshold Costs

Case Brief

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Parties

XUE BORAN

First Plaintiff

YANG LIXUAN

Second Plaintiff

HUI CHI SUM

First Defendant

YUEN SZE MAN

Second Defendant

Procedural Posture

Civil / Stay of Execution Application (post Judgment, Pending Appeal)

Legal Issues

  1. 1 Whether a stay of execution pending appeal should be granted
  2. 2 Whether the defendants' newly‑tendered evidence meets the Ladd v Marshall criteria
  3. 3 Whether the proposed grounds of appeal have a reasonable prospect of success

Ratio Decidendi

The court refused the stay because all eight grounds of appeal lacked a reasonable prospect of success and the newly produced documents and oral assertions did not satisfy the Ladd v Marshall criteria and in fact undermined the defendants' credibility; consequently the minimum threshold for granting a stay was not met and no discretionary reason to grant a stay was shown.

Court Disposition

Application to stay execution dismissed and summons of 24 May 2024 revoked

Orders

  • The defendants' summons of 24 May 2024 seeking a stay of execution is dismissed and revoked
  • The defendants must pay the plaintiffs' costs of the summons, assessed summarily at HK$110,000, payable on or before 15 October 2024