陳淑惠 訴 劉祖榮及另一人

陳淑惠 訴 劉祖榮及另一人

The application for leave to appeal was refused because the first defendant failed to demonstrate a reasonable prospect of success: his arguments merely repeated points already considered and rejected, the alleged oral gift could not convey title absent written evidence under the Conveyancing and Property Ordinance,...

Source-derived case information.

Citation
[2023] HKCFI 75
Parties
Plaintiff: CHEN SHU HUI (陳淑惠); Defendant: LAU CHO WING (劉祖榮); Occupant: Occupant of Flat B, 3/F, Mei Foo Sun Chuen, 81 Broadway Street, Kowloon (香港九龍百老匯街81號美孚新邨3樓B室的所有佔用人)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 January 2023
Case Number
HCA2769/2017
Procedural Posture
Civil Recovery of Land / Possession / Application for Leave to Appeal to the Court of Appeal
Outcome
application for leave to appeal refused
Legal Topics
Recovery of Land, Summary Judgment, Leave to Appeal, Oral Gift and Statute of Frauds, Limitation Period, Adverse Possession, Procedural Irregularity
Source Language
ch
Property Law Civil Procedure Appeal Proceedings Recovery of Land Summary Judgment Leave to Appeal Oral Gift and Statute of Frauds Limitation Period +2 more

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Parties

CHEN SHU HUI (陳淑惠)

Plaintiff

LAU CHO WING (劉祖榮)

Defendant

Occupant of Flat B, 3/F, Mei Foo Sun Chuen, 81 Broadway Street, Kowloon (香港九龍百老匯街81號美孚新邨3樓B室的所有佔用人)

Occupant

Procedural Posture

Civil Recovery of Land / Possession / Application for Leave to Appeal to the Court of Appeal

  1. 1 Whether leave to appeal should be granted under High Court Ordinance s14AA(4)
  2. 2 Whether the first defendant has a bona fide defence or a reasonable prospect of success on appeal
  3. 3 Whether an alleged oral gift transferred title to the property

Ratio Decidendi

The application for leave to appeal was refused because the first defendant failed to demonstrate a reasonable prospect of success: his arguments merely repeated points already considered and rejected, the alleged oral gift could not convey title absent written evidence under the Conveyancing and Property Ordinance, no bona fide defence was shown, and limitation did not bar the claim; procedural or affidavit errors were immaterial to the entitlement of the registered owner to recover possession.

Court Disposition

application for leave to appeal refused

Orders

  • Leave to appeal is refused
  • First defendant ordered to pay the costs of this leave application, costs to be assessed by the Master