EDWIN KWOK WING YUN v. LEE SHUK YEE

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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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.