LEE AH KEUNG AND ANOTHER v. 李國忠 transliterated as LEE KWOK CHUNG AND ANOTHER

LEE AH KEUNG AND ANOTHER v. 李國忠 transliterated as LEE KWOK CHUNG AND ANOTHER

Leave to appeal refused because the proposed grounds (evidence, hearsay, revocation) do not show any arguable or reasonably arguable error in the judge's factual findings; the credibility assessments and findings on licence versus adverse possession were sustainable and not plainly wrong; the hearsay issue, even if excluded, would not change the outcome; the revocation argument is unarguable given the pleaded case and timing (one day short of 12 years). Accordingly there are no reasonable prospects of success and no basis for a stay.

Citation
[2022] HKDC 1181
Parties
1st Plaintiff: LEE AH KEUNG; 2nd Plaintiff: LEE KWOK KAY; 1st Defendant: LEE KWOK CHUNG (李國忠); 2nd Defendant: THE OCCUPIERS AND EVERY OTHER PERSON IN OCCUPATION OF 28 TUNG KOK WAI, HOUSE A, FANLING, HONG KONG ON SUB-SECTION 2 OF SECTION H OF LOT NO. 10 IN DEMARCATION DISTRICT NO. 85
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 November 2022
Case Number
DCMP2128/2018
Procedural Posture
Miscellaneous Proceedings (adverse Possession) / Post Judgment Applications for Leave to Appeal and Stay of Execution
Outcome
Summons dismissed; leave to appeal refused; stay of execution refused; costs awarded to plaintiffs
Legal Topics
Adverse Possession, Leave to Appeal, Stay of Execution, Hearsay Evidence, Licence Revocation, Costs Assessment
Source Language
EN
Property Law Civil Procedure Evidence Adverse Possession Leave to Appeal Stay of Execution Hearsay Evidence Licence Revocation +1 more

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Parties

LEE AH KEUNG

1st Plaintiff

LEE KWOK KAY

2nd Plaintiff

LEE KWOK CHUNG (李國忠)

1st Defendant

THE OCCUPIERS AND EVERY OTHER PERSON IN OCCUPATION OF 28 TUNG KOK WAI, HOUSE A, FANLING, HONG KONG ON SUB-SECTION 2 OF SECTION H OF LOT NO. 10 IN DEMARCATION DISTRICT NO. 85

2nd Defendant

Procedural Posture

Miscellaneous Proceedings (adverse Possession) / Post Judgment Applications for Leave to Appeal and Stay of Execution

Legal Issues

  1. 1 Whether leave to appeal should be granted (reasonable prospect of success)
  2. 2 Whether stay of execution pending appeal should be granted
  3. 3 Whether trial judge erred in factual findings on adverse possession and licence

Ratio Decidendi

Leave to appeal refused because the proposed grounds (evidence, hearsay, revocation) do not show any arguable or reasonably arguable error in the judge's factual findings; the credibility assessments and findings on licence versus adverse possession were sustainable and not plainly wrong; the hearsay issue, even if excluded, would not change the outcome; the revocation argument is unarguable given the pleaded case and timing (one day short of 12 years). Accordingly there are no reasonable prospects of success and no basis for a stay.

Court Disposition

Summons dismissed; leave to appeal refused; stay of execution refused; costs awarded to plaintiffs

Orders

  • Summons dismissed
  • Leave to appeal refused