4 Feb 2022
BUT WAI SUM v. BUT WAI KEUNG
- Citation
- [2022] HKCFI 397
- Court
- Court of First Instance
- Case number
- HCA244/2012
The intended appeal was hopeless and lacked reasonable prospects: the alleged judicial bias was unsupported (judge intervened to maintain order while defendant conducted cross-examination), criticisms of trial counsel do not afford grounds for civil appeal, alleged evidential inconsistencies were not put to the witness and could not be relied upon, and a personal guarantee does not affect land; therefore leave to appeal out of time and a stay of execution were refused and the summons dismissed with costs to the defendant on a party-and-party basis assessed at HK$80,000.