李惠欣 對 謝松發

李惠欣 對 謝松發

The application to re‑apply for leave to appeal was dismissed because it was filed 12 days late and, even if time were extended, the proposed grounds of appeal disclosed no reasonable prospect of success nor any other reason of fairness: they merely repeated factual/contentions rejected by the Lands Tribunal and did...

Source-derived case information.

Citation
[2025] HKCA 537
Parties
Applicant: 李惠欣 (LEE WAI YAN CEZARINE); Respondent: 謝松發
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
13 June 2025
Case Number
CAMP196/2024
Procedural Posture
Application to Extend Time to Re‑apply for Leave to Appeal Against Lands Tribunal Possession Order / Decision on Extension of Time and Costs
Outcome
Application to extend time to re‑apply for leave to appeal dismissed and summons of 14 October 2024 revoked; respondent ordered to pay applicant’s costs assessed on simplified procedure
Legal Topics
Possession, Leave to Appeal, Extension of Time, Mesne Profits, Costs
Source Language
ch
Land Law Civil Procedure Appeal Possession Leave to Appeal Extension of Time Mesne Profits Costs

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Parties

李惠欣 (LEE WAI YAN CEZARINE)

Applicant

謝松發

Respondent

Procedural Posture

Application to Extend Time to Re‑apply for Leave to Appeal Against Lands Tribunal Possession Order / Decision on Extension of Time and Costs

  1. 1 Whether respondent’s late re‑application for leave to appeal should be allowed despite 12 days’ delay
  2. 2 Whether the proposed grounds of appeal disclose a reasonable prospect of success or other good reason for fairness
  3. 3 Whether factual findings of the Lands Tribunal were challenged as legal errors

Ratio Decidendi

The application to re‑apply for leave to appeal was dismissed because it was filed 12 days late and, even if time were extended, the proposed grounds of appeal disclosed no reasonable prospect of success nor any other reason of fairness: they merely repeated factual/contentions rejected by the Lands Tribunal and did not identify any legal error; accordingly extension of time was refused and the summons struck out, with costs awarded to the applicant.

Court Disposition

Application to extend time to re‑apply for leave to appeal dismissed and summons of 14 October 2024 revoked; respondent ordered to pay applicant’s costs assessed on simplified procedure

Orders

  • Revoked respondent’s summons dated 14 October 2024
  • Respondent to pay applicant’s costs of that summons, amount to be assessed under the simplified procedure