陳淑惠 對 劉祖榮及另一人

陳淑惠 對 劉祖榮及另一人

The Court refused to extend the appeal time because the first defendant's proposed grounds of appeal lacked reasonable prospects of success: his alleged oral renunciation, limitation defence and allegations of procedural unfairness were unsubstantiated or irrelevant to the summary possession order; therefore no...

Source-derived case information.

Citation
[2024] HKCA 81
Parties
Plaintiff: CHEN SHU HUI (陳淑惠); First Defendant: LAU CHO WING (劉祖榮); Second Defendant (unknown Occupiers): 香港九龍百老滙街81號美孚新邨3樓B室的所有佔用人
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
29 January 2024
Case Number
CAMP27/2023
Procedural Posture
Civil Appeal / Application to Extend Appeal Time / Permission to Appeal (court of Appeal)
Outcome
Extension of time to file appeal refused; application for permission to appeal refused/dealt with as unnecessary; summons of 20 January 2023 dismissed; order as to stay of execution refused; separate summons of 20 December 2023 dischargeed.
Legal Topics
Extension of Time, Permission to Appeal, Summary Judgment, Possession, Mesne Profits, Abandonment/gift, Limitation
Source Language
ch
Civil Procedure Property Law Costs Extension of Time Permission to Appeal Summary Judgment Possession Mesne Profits +2 more

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Parties

CHEN SHU HUI (陳淑惠)

Plaintiff

LAU CHO WING (劉祖榮)

First Defendant

香港九龍百老滙街81號美孚新邨3樓B室的所有佔用人

Second Defendant (unknown Occupiers)

Procedural Posture

Civil Appeal / Application to Extend Appeal Time / Permission to Appeal (court of Appeal)

  1. 1 Whether the Court should extend the time for filing an appeal
  2. 2 Whether the proposed appeal has a real prospect of success
  3. 3 Whether the first defendant has a bona fide defence to the plaintiff's summary possession claim

Ratio Decidendi

The Court refused to extend the appeal time because the first defendant's proposed grounds of appeal lacked reasonable prospects of success: his alleged oral renunciation, limitation defence and allegations of procedural unfairness were unsubstantiated or irrelevant to the summary possession order; therefore no discretion should be exercised to allow a late appeal. The Court ordered costs against the first defendant for the extension application.

Court Disposition

Extension of time to file appeal refused; application for permission to appeal refused/dealt with as unnecessary; summons of 20 January 2023 dismissed; order as to stay of execution refused; separate summons of 20 December 2023 dischargeed.

Orders

  • Refused to extend the time for filing an appeal and dismissed the first defendant's 20 January 2023 summons
  • Ordered first defendant to pay the plaintiff's costs of this application, to be assessed summarily at HKD 22,000