Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Disclosure application

Legal area

Court

28 Apr 2023

東盈投資有限公司對陳寶榮

Citation

[2023] HKCA 600
Court

Court of Appeal
Case number

CACV465/2022

The court refused the stay because the defendant failed to demonstrate any arguable appeal—the disclosure and receipt issues had been finally determined in earlier proceedings and appeals (issue estoppel/res judicata), the fraud allegation lacked foundation, repeated disclosure applications amounted to abuse of process, and the defendant did not show execution would render any appeal nugatory; accordingly the court would not exercise its discretion to stay execution and awarded costs to the plaintiff.
10 Feb 2021

熊宏海及另四人對李文標及另三人

Citation

[2021] HKCFI 317
Court

Court of First Instance
Case number

HCCW372/2014

The court refused to extend the 28‑day appeal period. The delay of 27 months was inordinate and unexplained; the proposed grounds of appeal did not demonstrate a real prospect of success because the matters were litigated and decided at trial and the applicant did not raise the alleged frauds or provide new admissible evidence; permitting the extension would unfairly prejudice respondents by re‑opening matters long finalised. The summons was dismissed and the applicant ordered to pay respondents' costs on an indemnity basis to be assessed on the specified timetable.