CHIU SUET YING 對 THE INCORPORATED OWNERS OF KIU YU AND KIU FAT MANSIONS

CHIU SUET YING 對 THE INCORPORATED OWNERS OF KIU YU AND KIU FAT MANSIONS

Leave to appeal was refused because the applicant failed to show a reasonable prospect of success or any other reason of fairness: alleged solicitor negligence did not found a proper ground, the fresh evidence was obtainable earlier and would not change the outcome, and the trial judge's credibility findings were...

Source-derived case information.

Citation
[2019] HKCA 162
Parties
Applicant: CHIU SUET YING; Respondent: THE INCORPORATED OWNERS OF KIU YU AND KIU FAT MANSIONS
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
15 February 2019
Case Number
CAMP137/2018
Procedural Posture
Application for Leave to Appeal / Decision on Leave and Stay Application
Outcome
Application for leave to appeal refused; application for stay of execution refused; summons dismissed
Legal Topics
Leave to Appeal, Admission of Fresh Evidence (ladd V Marshall), Witness Credibility, Stay of Execution Pending Appeal, Costs Assessment
Source Language
ch
Civil Procedure Property Possessory Claim Appeal Leave to Appeal Admission of Fresh Evidence (ladd V Marshall) Witness Credibility Stay of Execution Pending Appeal +1 more

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Parties

CHIU SUET YING

Applicant

THE INCORPORATED OWNERS OF KIU YU AND KIU FAT MANSIONS

Respondent

Procedural Posture

Application for Leave to Appeal / Decision on Leave and Stay Application

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether fresh evidence should be admitted on appeal under Ladd v Marshall
  3. 3 Whether trial judge's credibility findings were plainly wrong

Ratio Decidendi

Leave to appeal was refused because the applicant failed to show a reasonable prospect of success or any other reason of fairness: alleged solicitor negligence did not found a proper ground, the fresh evidence was obtainable earlier and would not change the outcome, and the trial judge's credibility findings were not shown to be plainly wrong.

Court Disposition

Application for leave to appeal refused; application for stay of execution refused; summons dismissed

Orders

  • Leave to appeal refused
  • Stay of execution pending appeal refused