XCHRX CHAN KWAI KWUN v. MAN CHUNG LAP

HCA 8862/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 8862 OF 1999

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DECISION

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1. This is the Plaintiff's application for time extension to make the payment into court ordered on 19 December 2000 (as varied by the order of 27 April 2001). I understand from Plaintiff's counsel that this in effect is an application for an interim stay of execution of 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 copy of 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 disrespect to 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.