金藝企業有限公司 對 余曉燕

金藝企業有限公司 對 余曉燕

Leave to appeal refused because the defendant's grounds lacked any real prospect of success, she failed to show errors in the trial judge's factual findings, and the purported fresh evidence was available before trial but not produced and therefore fails the Ladd v Marshall test; admitting it would be unfair and...

Source-derived case information.

Citation
[2024] HKDC 2147
Parties
Plaintiff: 金藝企業有限公司; Defendant: 余曉燕
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 December 2024
Case Number
DCCJ1695/2021
Procedural Posture
Civil Claim / Leave to Appeal Application
Outcome
Leave to appeal refused.
Legal Topics
Vacant Possession, Mesne Profits, Sham Transaction, Fresh Evidence, Leave to Appeal, Ladd V Marshall Test, Corporate Authority
Source Language
ch
Property Law Civil Procedure Contract Equity Costs Vacant Possession Mesne Profits Sham Transaction +4 more

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Parties

金藝企業有限公司

Plaintiff

余曉燕

Defendant

Procedural Posture

Civil Claim / Leave to Appeal Application

  1. 1 Whether to grant leave to appeal under DCO s63A(2)
  2. 2 Admissibility of fresh evidence under Ladd v Marshall
  3. 3 Credibility and sufficiency of sham allegation regarding 2018 lease

Ratio Decidendi

Leave to appeal refused because the defendant's grounds lacked any real prospect of success, she failed to show errors in the trial judge's factual findings, and the purported fresh evidence was available before trial but not produced and therefore fails the Ladd v Marshall test; admitting it would be unfair and would disturb finality of proceedings.

Court Disposition

Leave to appeal refused.

Orders

  • Leave to appeal refused.
  • The defendant's summons dated 16 September 2024 is revoked.