Choy Po Chun and Another v. Au Wing Lun

HCMP 1617/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 1617 OF 2011

(ON AN INTENDED APPEAL FROM HCAP 7 OF 2010)

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BETWEEN

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Before : Hon Cheung JA in Chambers

Date of Hearing : 14 October 2011

Date of Decision : 14 October 2011

Date of Reasons for Decision : 19 October 2011

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REASONS FOR DECISION

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1.The defendant has lodged an appeal against the judgment of To J dated 14 July 2011 in which, on the plaintiffs’ application for summary judge against the defendant, he granted leave to the defendant to defend the action conditional upon the defendant paying into Court $500,000.00 by way of security for costs of the action. The Judge further ordered that there will be liberty to apply if the amount of security becomes inadequate. The appeal will be heard on 14 February 2012. The defendant has complied with the order by paying $500,000.00 into Court but applies for a stay of execution of the order pending appeal and applies for the release of the money paid into Court.

2.I will not order a return of the money now in Court because that touches on the subject matter of the appeal. However, it is clear that the order should be stayed because, otherwise, it will enable the plaintiffs to apply for further securities pending the appeal. Costs of the application be in the cause of the appeal.

Mr. Lam Chin Ching Gary, instructed by Messrs Alex Ho & Co., for the 1^st and 2^nd Plaintiffs

Defendant : in person, present