Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interim stay of possession

Legal area

Court

1 Jun 2012

MIMI KAR KEE WONG HUNG v. SEVERN VILLA LTD AND OTHERS

Citation

MIMI KAR KEE WONG HUNG v. SEVERN VILLA LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP522/2011

The court, applying a narrow residual discretion under Order 113, found a limited stay appropriate on the specific facts (difficulty securing alternative accommodation and need to preserve valuable furniture) and granted an interim stay to 4 pm on 9 June while relisting the matter for full consideration on 8 June including orders for removal/storage of the furniture; costs reserved.
1 Jun 2012

MIMI KAR KEE WONG HUNG v. SEVERN VILLA LTD AND OTHERS

Citation

MIMI KAR KEE WONG HUNG v. SEVERN VILLA LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP243/2011

The judge exercised his residual discretion to grant a limited interim stay because of the applicant's evidence of changed circumstances and imminent tenancy, but balanced that against the defendants' entitlement to enforce their legal rights by imposing a short, defined stay and ordering immediate steps for removal and safekeeping of the furniture; the matter and costs were relisted for further consideration.