Edwin Kwok Wing Yun v. Lee Shuk Yee

Read the full judgment text of HCMP 3904/2001 on BabelCite. This High Court CFI judgment was delivered on 17 June 2002.

1. This is the Defendant's application for stay of execution of an order granted on 7 June 2002 (by way of a written Decision). That order (among other things) in effect requires the Defendant to render an account of the administration of the estate of the late Lee Kwong Yuen within 14 days from the date of the order.

Cited by 5 cases

Case No.HCMP 3904/2001
Court
High Court CFI
Date17 Jun 2002
Judge
Case Document
100%Judiciary

HCMP003904A/2001

HCMP 3904/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 3904 OF 2001

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IN THE MATTER OF Order 85 of the Rules of the High Court, Cap. 4

AND

IN THE MATTER OF the Administration of the estate of Lee Kwong Yuen, deceased

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BETWEEN
EDWIN KWOK WING YUN, the trustee in bankruptcy of the property of Lee Sin Chung, the bankrupt Plaintiff
AND
LEE SHUK YEE, the Administratrix of the estate of Lee Kwong Yuen, deceased Defendant

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Coram: Hon Chung J in Chambers

Date of Hearing: 17 June 2002

Date of Decision: 17 June 2002

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D E C I S I O N

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1.This is the Defendant's application for stay of execution of an order granted on 7 June 2002 (by way of a written Decision). That order (among other things) in effect requires the Defendant to render an account of the administration of the estate of the late Lee Kwong Yuen within 14 days from the date of the order.

2.It is trite law that a stay of execution pending appeal to the Court of Appeal will not be granted unless there are good reasons for doing so: Hong Kong Civil Procedure 2002, paragraph 59/13/1. For example, the appeal would be rendered nugatory if the stay of execution is not granted. This is the principal ground upon which this application is brought. However, I do not see how the mere rendering of an account in this action would constitute a good reason for granting a stay of execution of the said order pending the Defendant's appeal.

3.For the above reason, this application is refused.

(Andrew Chung)
Judge of the Court of First Instance
High Court

Representation:

Ms Frances Irving, instructed by Messrs Yun & Co., for the Plaintiff

Mr William Allan, instructed by Messrs William Au & Co., for the Defendant

Other Judgments in This Case

Further hearings and rulings under HCMP 3904/2001