XIAO LONG 訴 LAM TAK YUEN

XIAO LONG 訴 LAM TAK YUEN

The Court refused leave because the motion raised no question of general or public importance and merely sought to re‑litigate factual findings of the trial court; accordingly leave and the stay were refused and costs were ordered against the moving party.

Source-derived case information.

Citation
[2024] HKCA 650
Parties
Applicant: XIAO LONG; Respondent: LAM TAK YUEN
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
16 July 2024
Case Number
CACV325/2022
Procedural Posture
Civil Appeal (employees' Compensation) / Application for Leave to Appeal to the Court of Final Appeal; Application for Stay of Execution (interlocutory)
Outcome
Leave to appeal to the Court of Final Appeal refused; application for stay of execution refused; costs awarded to the applicant (Xiao Long) to be assessed.
Legal Topics
Leave to Appeal, Stay of Execution, Factual Findings, Public Importance, Costs
Source Language
ch
Civil Procedure Appeal Employment Compensation Leave to Appeal Stay of Execution Factual Findings Public Importance Costs

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Parties

XIAO LONG

Applicant

LAM TAK YUEN

Respondent

Procedural Posture

Civil Appeal (employees' Compensation) / Application for Leave to Appeal to the Court of Final Appeal; Application for Stay of Execution (interlocutory)

  1. 1 Whether the appeal raises a question of general or public importance under s22(1)(b) of the Court of Final Appeal Ordinance
  2. 2 Whether there exist "other reasons" to justify leave to the Court of Final Appeal
  3. 3 Whether a stay of execution of the judgment below should be granted

Ratio Decidendi

The Court refused leave because the motion raised no question of general or public importance and merely sought to re‑litigate factual findings of the trial court; accordingly leave and the stay were refused and costs were ordered against the moving party.

Court Disposition

Leave to appeal to the Court of Final Appeal refused; application for stay of execution refused; costs awarded to the applicant (Xiao Long) to be assessed.

Orders

  • Application for leave to appeal to the Court of Final Appeal refused.
  • Application for stay of execution refused.