14 Aug 2023
YU WING CHEONG alias YU JOSEPH WING CHEONG, Executor substituted named in the Will of YAU SIN WAH alias YAU KAM LAN (“Deceased”) AND ANOTHER v. YU WING YIN
- Citation
- [2023] HKCFI 2098
- Court
- Court of First Instance
- Case number
- HCMP2089/2017
The consent Stay of Execution related only to the then‑pending Court of Appeal appeal and lapsed on dismissal of that appeal on 19 January 2022; therefore it was irrelevant to the ex parte leave application in January 2023 and non‑disclosure of a lapsed order was not material; Tse's affirmation was factually correct in context; the statutory notice requirements under HKCP §45/3/3 were satisfied; accordingly the Writ of Possession was validly obtained and the Defendant's appeal to set it aside failed.