Mak Hoi Chu v. Lui Chi Yin and Another
Read the full judgment text of DCPI 1861/2009 on BabelCite. This District Court judgment was delivered on 29 November 2010.
1. I think the authorities are clear that the reasonable prospect of success required under section 63A of the District Court Ordinance for leave to appeal to be granted means that the prospects of succeeding in the appeal must be reasonable, therefore, more than not fanciful, but without having to be probable. The applicant for leave is required to show more than just an arguable case, and that the appeal has merits and ought to be heard, although he does not have to demonstrate that the appeal
Cited by 2 cases
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DCPI 1861/2009 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION PERSONAL INJURIES ACTION NO. 1861 OF 2009 ________________________
Before: Her Honour Judge Mimmie Chan in Chambers (open to public) Date of Hearing: 29 November 2010 Date of Delivery of Decision: 29 November 2010 ________________________ D E C I S I O N ________________________ 1.I think the authorities are clear that the reasonable prospect of success required under section 63A of the District Court Ordinance for leave to appeal to be granted means that the prospects of succeeding in the appeal must be reasonable, therefore, more than not fanciful, but without having to be probable. The applicant for leave is required to show more than just an arguable case, and that the appeal has merits and ought to be heard, although he does not have to demonstrate that the appeal will probably succeed. 2.Having heard the submissions, I am unable to say that the 1st Defendant’s appeal has no reasonable prospects of success or no merits at all. I will accordingly give leave as sought, with costs in the cause of the appeal.
3.Regarding the stay of execution application, the principles are also clear, that the service of a notice of appeal does not by itself have any effect on the right of the successful party to act on a judgment in his favour and to enforce the order of the court below. The most important consideration in respect of whether a stay of execution should be granted is whether there are strong grounds of the proposed appeal, and that hurdle is higher than that of the chances of success for considering whether leave to appeal should be granted. The court will not grant a stay unless it is satisfied that there are good reasons for doing so. 4.In this case, the 1st Defendant has not shown any good reason at all why a stay should be granted, and therefore, I am not prepared to exercise my discretion in favour of a stay pending the appeal.
Ms Josephine Tjia, instructed by Messrs Yip, Tse & Tang (assigned by D.L.A.), for the Plaintiff Miss Anita Chan, of Messrs Y T Chan & Co., for the 1st Defendant 1st Defendant's appeal dismissed by Court of Appeal. Please refer to CACV262/2010 dated 31 August 2011 | ||||||||||||||||||||
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