Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of interlocutory orders

Legal area

Court

11 Feb 1999

LAM FEI HONG v. WONG KAM FONG

Citation

LAM FEI HONG v. WONG KAM FONG
Court

Court of First Instance
Case number

HCA4803/1994

The judge construed the original orders as producing a stay only if the specified sums were not paid by the dates specified and varied the master’s orders to make that construction clear; the court preferred orders that state the consequence of non-payment (a stay) rather than wording that may mislead a party into believing they are obliged to pay into court immediately. The appeals/proceedings would not be prevented by the stay and the notices of appeal could be treated as liberty to apply so the orders could be varied by the judge.
11 Feb 1999

LAM FEI HONG v. LAM FEI HONG AND OTHERS

Citation

LAM FEI HONG v. LAM FEI HONG AND OTHERS
Court

Court of First Instance
Case number

HCA5739/1994

The judge varied Master Kwan\'s orders by substituting wording that made plain the stay is conditional: if the specified sums are not paid into court by the stated dates the action is stayed from those dates until such sums are paid into court or the action is dismissed; the court avoided deciding the master\'s jurisdiction issue by treating the notices of appeal as equivalent to liberty to apply or as appeals enabling variation of the orders.