Read the full judgment text of CACV 475/2021 on BabelCite. This Court of Appeal judgment was delivered on 20 May 2022 before Thomas Au J (林雲浩法官), Chow Ka Ming J (周家明法官).
Civil procedure – stay of execution pending appeal – application dismissed – reasonable prospects of success not shown – no additional reasons for stay – Limitation Ordinance (Cap 347) ss.7, 12, 18 – Rules of the High Court (Cap 4A) O.59 r.14A – Star Play Development Ltd v Bess Fashion Management Co Ltd [2007] 5 HKC 84 – The 1st Plaintiff appealed against a trial judge's order dismissing his claim for specific performance of an oral agreement to sell property and granting the defendants' counterclaim for possession, arrears of rent, rates, government rent, and mesne profits. The 1st Plaintiff applied for a stay of execution pending appeal. The Court of Appeal held that the applicant must show reasonable prospects of success on appeal and additional reasons justifying a stay. The 1st Plaintiff's grounds – that the trial judge's findings contradicted evidence, and that limitation periods barred the counterclaim – were rejected: the defendants' case on the HK$300,000 payment was consistent; the 1st Plaintiff never raised adverse possession or limitation defences at trial; and the counterclaim for rent arrears was filed within the 6-year limit. No additional reasons for a stay were provided. Application dismissed with costs of HK$60,000.
Legal issues: Application for stay of execution pending appeal
Outcome: Application for stay of execution dismissed.
Cited by 2 cases · Cites 3 cases