URBAN PROPERTY MANAGEMENT LTD AND ANOTHER v. TSANG WING LAM

URBAN PROPERTY MANAGEMENT LTD AND ANOTHER v. TSANG WING LAM

The appeal to stay execution was dismissed because the appellant failed to demonstrate arguable grounds or good reasons for a stay; the taxed costs are enforceable and the balance of prejudice favors the plaintiffs, so maintaining the Master's order of 30 October 2009 was appropriate.

Citation
URBAN PROPERTY MANAGEMENT LTD AND ANOTHER v. TSANG WING LAM
Parties
1st Plaintiff: Urban Property Management Limited; 2nd Plaintiff: The Incorporated Owners of King Tin Court; Defendant: Tsang Wing Lam
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 November 2009
Case Number
DCMP2185/2004
Procedural Posture
Miscellaneous Proceedings Concerning Charging Order and Stay of Execution / Appeal From Master's Refusal to Stay Execution of Charging Order (order Dated 30 October 2009)
Outcome
Appeal dismissed; Master's order dated 30 October 2009 maintained.
Legal Topics
Stay of Execution, Charging Order, Memorandum of Charge, Taxation of Costs, Possession and Sale, Appeal
Source Language
EN
Civil Procedure Property Law Building Management Costs Law Enforcement Stay of Execution Charging Order Memorandum of Charge +3 more

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Parties

Urban Property Management Limited

1st Plaintiff

The Incorporated Owners of King Tin Court

2nd Plaintiff

Tsang Wing Lam

Defendant

Procedural Posture

Miscellaneous Proceedings Concerning Charging Order and Stay of Execution / Appeal From Master's Refusal to Stay Execution of Charging Order (order Dated 30 October 2009)

Legal Issues

  1. 1 Whether an appeal operates as a stay of execution
  2. 2 Whether taxed legal costs formed part of the indebtedness secured by the Memorandum of Charge
  3. 3 Whether there are good and arguable grounds to justify a stay of execution pending appeal

Ratio Decidendi

The appeal to stay execution was dismissed because the appellant failed to demonstrate arguable grounds or good reasons for a stay; the taxed costs are enforceable and the balance of prejudice favors the plaintiffs, so maintaining the Master's order of 30 October 2009 was appropriate.

Court Disposition

Appeal dismissed; Master's order dated 30 October 2009 maintained.

Orders

  • The appeal is dismissed and the Master\u2019s order dated 30 October 2009 is maintained.
  • The Plaintiffs shall have the costs of and incidental to this appeal; costs to be taxed if not agreed with certificate for counsel.