PRIMECREDIT LTD v. YEUNG CHUN PANG BARRY AND ANOTHER

HCMP 2103/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2103 OF 2015

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D E C I S I O N

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1.  I grant a stay of execution of the Order dated 9 December 2016. Although I am unable to see much force in respect of the merits of the appeal in question, it is undisputed that the 2^nd Defendant is an elderly lady who has been residing at the Property for over 30 years. There is certainly a real risk that the Property may be sold before the appeal is heard. This may render the appeal nugatory, and constitute serious injustice to the 2^nd Defendant.

2.  Mr Tsang, appearing for the Plaintiff, has pointed out various unsatisfactory features in the evidence put before the court by the Defendants in support of this application. However, I do not believe that they outweigh the concern of potential injustice to the 2^nd Defendant.

3.  In the premises, it is right to accede to the stay application upon the undertaking by the 2^nd Defendant to prosecute her appeal with due diligence.