CHAN KWAI KWUN v. MAN CHUNG LAP

HCA008862A/1999

HCA 8862/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 8862 OF 1999

____________

BETWEEN
CHAN KWAI KWUN Plaintiff
AND
MAN CHUNG LAP Defendant

____________

Coram: Hon Chung J in Chambers

Date of Hearing: 15 May 2001

Date of Decision: 15 May 2001

_________

DECISION

_________

1. This is the Plaintiff’s application for time extension to make the payment into court ordered on 19 December 2000 (as varied by theorder of 27 April 2001). I understand from Plaintiff’s counsel that this in effect is an application for an interim stay of executionof the said orders pending the Plaintiff’s intended appeal to the Court of Appeal.

2. Although no Notice of Appeal has been lodged or served yet, Mr Chan, counsel for the Plaintiff, has kindly provided me with a copyof the revised draft Notice of Appeal.

3. In relation to the Plaintiff’s contention made in this application that my decision on 27 April 2001 is wrong, without disrespectto Plaintiff’s counsel, I will simply repeat what I have already stated in my “Reasons for Decision” dated 11 May 2001.

4. In relation to the Plaintiff’s contention that he is financially unable to comply with the condition imposed in the said orders,I agree with the skeleton argument of defence counsel (especially page 4 thereof).

5. For the above reasons, this application is refused.

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

Representation:

Mr Edward Chan, SC leading Mr Christopher Lam, instructed by Messrs Chan & Kong, for the Plaintiff

Mr E C Mumford, SC, instructed by Messrs Chan & Tsu, for the Defendant