CHAN FOK YI (陳福如), THE EXECUTOR OF THE ESTATE OF CHAN LI MUI (陳李妹), DECEASED 對 古來勝

CHAN FOK YI (陳福如), THE EXECUTOR OF THE ESTATE OF CHAN LI MUI (陳李妹), DECEASED 對 古來勝

The application for late leave to appeal was refused because the applicant provided no explanation for a >28‑day delay and the proposed grounds of appeal and proffered new evidence did not demonstrate a real prospect of success (the new material either supported the trial findings or would not have materially...

Source-derived case information.

Citation
[2022] HKDC 965
Parties
Plaintiff: Chan Fok Yi, executor of the estate of Chan Li Mui (Deceased); First Defendant: Koo Loi Shing
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 September 2022
Case Number
DCCJ3158/2016
Procedural Posture
Civil Proceedings (regional Court) / Application for Late Leave to Appeal (extension of Time) and Application to Stay Execution Following Judgment
Outcome
Application for late leave to appeal and application to stay execution dismissed; costs awarded to plaintiff; counsel's certificate granted.
Legal Topics
Leave to Appeal, Extension of Time, New Evidence (ladd V Marshall), Adverse Possession (continuous Possession), Stay of Execution, Costs and Counsel's Certificate
Source Language
ch
Civil Procedure Property Law Evidence Leave to Appeal Extension of Time New Evidence (ladd V Marshall) Adverse Possession (continuous Possession) Stay of Execution +1 more

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Parties

Chan Fok Yi, executor of the estate of Chan Li Mui (Deceased)

Plaintiff

Koo Loi Shing

First Defendant

Procedural Posture

Civil Proceedings (regional Court) / Application for Late Leave to Appeal (extension of Time) and Application to Stay Execution Following Judgment

  1. 1 Whether to grant leave to appeal out of time
  2. 2 Whether the applicant has provided a reasonable explanation for the delay
  3. 3 Whether the proposed grounds of appeal have a real/prospective chance of success

Ratio Decidendi

The application for late leave to appeal was refused because the applicant provided no explanation for a >28‑day delay and the proposed grounds of appeal and proffered new evidence did not demonstrate a real prospect of success (the new material either supported the trial findings or would not have materially altered the outcome and failed the Ladd v Marshall test); accordingly, the stay application was also dismissed and costs awarded to the plaintiff with a counsel's certificate.

Court Disposition

Application for late leave to appeal and application to stay execution dismissed; costs awarded to plaintiff; counsel's certificate granted.

Orders

  • Application for leave to appeal out of time is dismissed.
  • Application to stay execution is dismissed.