林惠榮 對 林德元

林惠榮 對 林德元

The Court refused permission to appeal to the Court of Final Appeal and refused the stay because the permission application was filed more than two months late with no application for extension or explanation, and the proposed grounds lacked merit and did not raise issues of broad or public importance; defendant...

Source-derived case information.

Citation
[2026] HKCA 268
Parties
Plaintiff: 林惠榮 (LAM WAI WING); Defendant: 林德元 (LAM TAK YUEN)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 February 2026
Case Number
CACV158/2024
Procedural Posture
Civil Appeal (probate) / Application for Permission to Appeal to the Court of Final Appeal and Application for Stay of Execution (interlocutory)
Outcome
Permission to appeal to the Court of Final Appeal refused; application for stay of execution refused; defendant ordered to pay plaintiff's costs assessed at HK$55,000.
Legal Topics
Permission to Appeal to Court of Final Appeal, Extension of Time, Stay of Execution, Costs, Evidential Sufficiency
Source Language
ch
Probate and Administration Civil Appeal Civil Procedure Permission to Appeal to Court of Final Appeal Extension of Time Stay of Execution Costs Evidential Sufficiency

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Parties

林惠榮 (LAM WAI WING)

Plaintiff

林德元 (LAM TAK YUEN)

Defendant

Procedural Posture

Civil Appeal (probate) / Application for Permission to Appeal to the Court of Final Appeal and Application for Stay of Execution (interlocutory)

Legal Issues

  1. 1 Whether to grant permission to appeal to the Court of Final Appeal
  2. 2 Whether to extend time for filing the permission application
  3. 3 Whether to grant a stay of execution pending any further appeal

Ratio Decidendi

The Court refused permission to appeal to the Court of Final Appeal and refused the stay because the permission application was filed more than two months late with no application for extension or explanation, and the proposed grounds lacked merit and did not raise issues of broad or public importance; defendant ordered to pay plaintiff's costs assessed at HK$55,000.

Court Disposition

Permission to appeal to the Court of Final Appeal refused; application for stay of execution refused; defendant ordered to pay plaintiff's costs assessed at HK$55,000.

Orders

  • Permission to appeal to the Court of Final Appeal refused and application dismissed
  • Application for stay of execution refused and dismissed