黃同和 對 許淑逑

黃同和 對 許淑逑

The defendant's application for permission to appeal was refused because she failed to apply for relief from the 'unless' order within the permitted time so the sanction was effective, her non‑compliance was deliberate with no external excuse, and her asserted defence was unparticularised and hearsay with no real...

Source-derived case information.

Citation
[2018] HKCA 607
Parties
Plaintiff: WONG TUNG WO (黃同和); Defendant: HUI SHUK KAU (許淑逑)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
14 September 2018
Case Number
CAMP95/2018
Procedural Posture
Civil Judicial Jurisdiction / Application for Permission to Appeal and Application for Stay of Execution of Possession Order (court of Appeal)
Outcome
Application for permission to appeal refused; application to stay execution of possession order refused; costs awarded to plaintiff HKD 20,000; no oral hearing for reconsideration permitted.
Legal Topics
Unless Order, Relief From Sanctions, Permission to Appeal, Compliance With Court Orders, Costs Assessment
Source Language
ch
Civil Procedure Property Enforcement Unless Order Relief From Sanctions Permission to Appeal Compliance With Court Orders Costs Assessment

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Parties

WONG TUNG WO (黃同和)

Plaintiff

HUI SHUK KAU (許淑逑)

Defendant

Procedural Posture

Civil Judicial Jurisdiction / Application for Permission to Appeal and Application for Stay of Execution of Possession Order (court of Appeal)

  1. 1 Whether permission to appeal should be granted under District Court Ordinance s63A
  2. 2 Whether the 'unless' order's sanction (striking out defence and entering judgment) had taken effect and whether relief from sanction was time-barred
  3. 3 Whether the defendant wilfully disobeyed court orders such that relief should be refused

Ratio Decidendi

The defendant's application for permission to appeal was refused because she failed to apply for relief from the 'unless' order within the permitted time so the sanction was effective, her non‑compliance was deliberate with no external excuse, and her asserted defence was unparticularised and hearsay with no real prospect of success; consequently the stay of execution was also refused and costs awarded to the plaintiff.

Court Disposition

Application for permission to appeal refused; application to stay execution of possession order refused; costs awarded to plaintiff HKD 20,000; no oral hearing for reconsideration permitted.

Orders

  • Permission to appeal refused
  • Application for stay of execution of the possession order refused