CHAN KWONG SUM 對 LAM MUNG LAN (林夢蘭), the administratrix of the estate of I SIU HUNG, deceased

CHAN KWONG SUM 對 LAM MUNG LAN (林夢蘭), the administratrix of the estate of I SIU HUNG, deceased

The application for leave to appeal is refused because the defendant failed to demonstrate a reasonable prospect of success or other interests of justice: she simply repeated arguments already considered and rejected, failed to identify specific errors in the damages assessment, offered no credible basis to impugn...

Source-derived case information.

Citation
[2024] HKDC 1014
Parties
Plaintiff: CHAN KWONG SUM; Defendant: LAM MUNG LAN (林夢蘭), administratrix of the estate of I SIU HUNG (deceased)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 June 2024
Case Number
DCCJ2123/2020
Procedural Posture
Application for Leave to Appeal Against Damages Assessment / Decision on Application for Leave to Appeal (refused)
Outcome
Application for leave to appeal refused and originating summons set aside
Legal Topics
Leave to Appeal, Damages Assessment, Service of Process, Evidence
Source Language
ch
Civil Procedure Tort Estate Administration Leave to Appeal Damages Assessment Service of Process Evidence

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Parties

CHAN KWONG SUM

Plaintiff

LAM MUNG LAN (林夢蘭), administratrix of the estate of I SIU HUNG (deceased)

Defendant

Procedural Posture

Application for Leave to Appeal Against Damages Assessment / Decision on Application for Leave to Appeal (refused)

  1. 1 Whether there is a reasonable prospect that an appeal against the damages assessment would succeed (sufficiency of evidence)
  2. 2 Whether the defendant received proper notice and service of documents
  3. 3 Whether substitution of the administratrix as defendant was procedurally improper

Ratio Decidendi

The application for leave to appeal is refused because the defendant failed to demonstrate a reasonable prospect of success or other interests of justice: she simply repeated arguments already considered and rejected, failed to identify specific errors in the damages assessment, offered no credible basis to impugn service (affidavits prove service), and introduced no properly applied new evidence; substitution as administratrix was ordered earlier and not impugned successfully.

Court Disposition

Application for leave to appeal refused and originating summons set aside

Orders

  • Application for leave to appeal refused and the summons seeking leave is discharged
  • Provisional costs order: plaintiff entitled to costs of this application including brief fees; if parties cannot agree on amount costs to be assessed by the Court; plaintiff's costs to be assessed in accordance with the Legal Aid Regulations; this order to become absolute 14 days from this assessment unless varied