Hong Kong Case Law

陳壽祥 對 CHI WO CONTRACTORS LTD 及另一人

Court

Court of Appeal

Case number

CAMP245/2024

The fresh evidence applications were refused because most documents were not genuinely new or lacked independent value and did not satisfy Ladd v Marshall; the new materials could not overturn the trial judge's credibility and factual findings which were supported by evidence; consequently there was no reasonable prospect of success on appeal and leave to appeal was refused; applications for stay and admission of fresh evidence denied and costs awarded to respondents.

Source excerpt

• Leave to appeal
• Admission of fresh evidence (ladd v marshall)
• Appellate standard of review
• Credibility findings
• Costs order
• Stay of execution

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速曉明 對 畢馬威會計師事務所 (KPMG)

Court

Court of First Instance

Case number

HCA553/2025

The court found the proposed appeal (CACV 334/2026) had no arguable points; the applicant's purported new evidence did not support the claim and no basis was shown that the appellate court would permit it. Consequently the stay application was refused and the applicant was ordered to pay the respondent's costs of the stay application on an indemnity (recompense) basis because the underlying claims had been found frivolous, abusive and an abuse of process.

Source excerpt

• Stay of execution
• Interlocutory relief
• Indemnity costs
• Frivolous and abusive claims
• Admission of new evidence on appeal

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EASY FORTUNE PROPERTY LTD 對 傅芳瑋及另一人

Court

Court of First Instance

Case number

HCA1475/2024

The application for stay of execution was dismissed because the applicant failed to establish relevant and sufficient grounds: her personal hardship, the pending criminal investigation, the alleged evidentiary issues, and a separate related civil claim are not sufficiently connected to this enforcement application to warrant suspension of the possession order; costs were awarded to the plaintiff.

Source excerpt

• Stay of execution
• Possession order
• Interim relief
• Relevance of collateral proceedings

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MAN KAI-KWONG, DAVID v. MAK YING-MUI as the Administratrix of the estate of the Deceased AND OTHERS

Court

Court of First Instance

Case number

HCMP703/2019

The Court of First Instance refused leave to appeal and a stay over costs and taxation proceedings, holding the proposed appeal had no reasonable prospect of success.

• Leave to appeal
• Stay of execution
• Taxation of costs
• Extension of time
• Equitable set-off
• Judicial discretion

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GMT INDUSTRIAL LTD v. FAN RONG LI in her personal capacity and in her capacity as the administrator of the estate of SELVAM SELVARAJ, deceased

Court

Court of First Instance

Case number

HCMP1162/2025

The court granted an interim stay of enforcement proceedings, but only on strict conditions including an inventory and account, HK$28 million security, and a no-dealing undertaking.

• Interim-interim stay
• Stay of execution
• Inventory and account order (s56 pao)
• Payment into court as security
• Sale and vesting orders (s67 pao)
• Leave to appeal

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HOU YUANJIE v. LAW LAP SAN NIXON

Court

District Court

Case number

DCCJ1110/2023

The District Court refused leave to appeal and a stay, holding the defendant’s proposed grounds lacked a reasonable prospect of success and the fresh evidence test was not met.

• Leave to appeal
• Stay of execution
• Fresh evidence (ladd v marshall)
• Illegality defence
• Undue influence
• Judicial questioning and fairness

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孫麗鶯 對 香港汽車保險局

Court

Court of Appeal

Case number

CACV328/2024

The Court dismissed the applicant’s repeat applications as having no legal basis and being an abuse of process and a waste of court resources; consequently the applications for leave to appeal and for a stay of execution were refused and the applicant ordered to pay the respondent’s costs on an indemnity basis assessed at HK$35,000.

Source excerpt

• Permission to appeal to final court
• Stay of execution
• Assessment of costs
• Abuse of process for repetitive applications

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PERVEZ AKHTER v. JACKY CHAU KING YIN AND ANOTHER

Court

Lands Tribunal

Case number

LDPE1575/2025

The Lands Tribunal dismissed a leave-to-appeal application and a stay request over rent arrears, finding no arguable error of law and no basis for fresh evidence.

• Repossession
• Arrears of rent
• Early termination agreement
• Breach of contract
• Waiver by conduct
• Leave to appeal

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GMT INDUSTRIAL LTD v. FAN RONG LI AND ANOTHER

Court

Court of First Instance

Case number

HCA546/2015

The court refused leave to appeal out of time and a stay, holding the delay was substantial and inexcusable and the proposed appeal lacked a strongly arguable case.

• Extension of time
• Stay of execution
• Director's liability
• Burden of proof
• Evidential burden
• Audited financial statements

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LEE CHICK CHOI v. THE HONG KONG GOLF CLUB

Court

District Court

Case number

DCEO11/2019

The District Court dismissed the claimant’s applications for leave to appeal, variation of costs, and a reply summons, and ordered costs against him on a nisi basis.

• Leave to appeal
• Stay of execution
• Summary assessment of costs
• Nisi costs order
• Procedural timeliness
• Leave-to-appeal

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