CHAN SIU MEI CARY and Another v. THE INCORPORATED OWNERS OF GRAMMY CENTRE

CHAN SIU MEI CARY and Another v. THE INCORPORATED OWNERS OF GRAMMY CENTRE

The respondents failed to account for the delay and did not demonstrate a reasonable prospect of success on appeal; the Lands Tribunal's inference linking the offending pipes and kitchen alterations to the respondents was reasonable, the applicant was obliged to enforce the DMC, and acquiescence cannot excuse permitting breaches that could not lawfully be granted; accordingly extension of time and stay are refused and the application is dismissed.

Citation
CHAN SIU MEI CARY and Another v. THE INCORPORATED OWNERS OF GRAMMY CENTRE
Parties
1st Plaintiff/1st Respondent: CHAN SIU MEI CARY; 2nd Plaintiff/2nd Respondent: LEE CHI WING CALVIN; Applicant/defendant: THE INCORPORATED OWNERS OF GRAMMY CENTRE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 July 1998
Case Number
HCMP2944/1998
Procedural Posture
Court of Appeal Miscellaneous Proceedings on Appeal From Lands Tribunal (hcmp 2944/98) / Application for Extension of Time to File Notice of Appeal and Stay of Judge's Orders
Outcome
Respondents' application for extension of time to lodge appeal and for a stay dismissed; costs awarded to applicant.
Legal Topics
Enforcement of Deed of Mutual Covenant, Extension of Time to Appeal, Stay of Execution, Injunctive Relief, Illegal Structures/alterations
Source Language
EN
Property Law Civil Procedure Equity Building and Construction Law Enforcement of Deed of Mutual Covenant Extension of Time to Appeal Stay of Execution Injunctive Relief +1 more

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Parties

CHAN SIU MEI CARY

1st Plaintiff/1st Respondent

LEE CHI WING CALVIN

2nd Plaintiff/2nd Respondent

THE INCORPORATED OWNERS OF GRAMMY CENTRE

Applicant/defendant

Procedural Posture

Court of Appeal Miscellaneous Proceedings on Appeal From Lands Tribunal (hcmp 2944/98) / Application for Extension of Time to File Notice of Appeal and Stay of Judge's Orders

Legal Issues

  1. 1 Whether extension of time to lodge appeal should be granted
  2. 2 Whether a stay of the Lands Tribunal orders should be granted
  3. 3 Whether respondents are responsible for illegal pipes and altered kitchen walls and can be ordered to remove/restore

Ratio Decidendi

The respondents failed to account for the delay and did not demonstrate a reasonable prospect of success on appeal; the Lands Tribunal's inference linking the offending pipes and kitchen alterations to the respondents was reasonable, the applicant was obliged to enforce the DMC, and acquiescence cannot excuse permitting breaches that could not lawfully be granted; accordingly extension of time and stay are refused and the application is dismissed.

Court Disposition

Respondents' application for extension of time to lodge appeal and for a stay dismissed; costs awarded to applicant.

Orders

  • Application for extension of time to file Notice of Appeal dismissed
  • Application for stay of the Lands Tribunal's orders dismissed