LI YUK SANG v. LING TAT MING

IN THE COURT OF APPEAL

1995, No. 265
(Civil)

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J U D G M E N T

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Bokhary, J.A.:

1. The appeal is likely to come on towards the end of April or the beginning of May. And if the applicant succeeds, all that he could achieve is an order to the effect he may stay until September. Set against that is this. Number one: by defending the proceedings, the applicant has already managed to stay almost as long as he would have been able to stay if he had wholly succeeded. Number two: he took almost the maximum time which the rules permit him for lodging his notice of appeal. He is entitled to exercise that right. But when he comes to court for an indulgence, it can be taken into account. He certainly does not seem to be at all keen to get on with the matter.

2. It matters not whether I should so respect Mr Justice Wong's exercise of discretion against a stay that I should not grant a stay unless I am convinced that he was wholly wrong or whether I should exercise a discretion wholly afresh. On any basis, I am not prepared to grant a stay of execution.

3. And I dismiss the application for the same. The only question which remains is cost.

[Costs]

4. Mr Kwong does not resist costs. I award the respondent costs.

(K Bokhary)

Justice of Appeal