LAU TIM FAT AND OTHERS v. LI BANG YUEN AND OTHERS

LAU TIM FAT AND OTHERS v. LI BANG YUEN AND OTHERS

The Court dismissed CACV 335/2006 because the applicant failed to demonstrate any existing proprietary or tenancy right in the Lots or evidentiary basis to justify joinder; the stay granted by Deputy High Court Judge Muttrie was appropriate pending appeal but must be removed because the appeal failed; consequential costs order nisi was made in favour of the plaintiffs.

Citation
LAU TIM FAT AND OTHERS v. LI BANG YUEN AND OTHERS
Parties
1st Plaintiff: LAU TIM FAT; 2nd Plaintiff: LAU TIM YAU; 3rd Plaintiff: LAU TIM CHOI; 4th Plaintiff: LAU MAN KIT; 5th Plaintiff: LAU TAK HUNG; 6th Plaintiff: LAU HON KEUNG; 7th Plaintiff: LAU WING MAN; 8th Plaintiff: LAU WING CHUNG, PAUL; 9th Plaintiff: LAU SHU WAN; 10th Plaintiff: LAU SHUE TAN; 11th Plaintiff: LAU FUK PING; 12th Plaintiff: LAU FUK SHEUNG, MONDY; 13th Plaintiff: LAU FUK SANG; 14th Plaintiff: LAU FUK HONG; 1st Defendant: LI BANG YUEN; 2nd Defendant: LI BANG YU; 3rd Defendant: LAM KWOK WAI; Applicant / Proposed 4th Defendant: CHU PAK HEI
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
6 March 2007
Case Number
CACV335/2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Interlocutory Order; Court of Appeal Judgment Delivered
Outcome
CACV 335/2006 dismissed; CACV 422/2006 appeal not allowed to maintain the stay; stay removed and order nisi for costs made in favour of the plaintiffs
Legal Topics
Default Judgment, Joinder of Parties, Stay Pending Appeal, Declaration of Title, Subletting Restriction, Illegal Contract, Setting Aside Judgment
Source Language
EN
Property Law Civil Procedure Trusts and Equity Landlord and Tenant Default Judgment Joinder of Parties Stay Pending Appeal Declaration of Title +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

LAU TIM FAT

1st Plaintiff

LAU TIM YAU

2nd Plaintiff

LAU TIM CHOI

3rd Plaintiff

LAU MAN KIT

4th Plaintiff

LAU TAK HUNG

5th Plaintiff

LAU HON KEUNG

6th Plaintiff

LAU WING MAN

7th Plaintiff

LAU WING CHUNG, PAUL

8th Plaintiff

LAU SHU WAN

9th Plaintiff

LAU SHUE TAN

10th Plaintiff

LAU FUK PING

11th Plaintiff

LAU FUK SHEUNG, MONDY

12th Plaintiff

LAU FUK SANG

13th Plaintiff

LAU FUK HONG

14th Plaintiff

LI BANG YUEN

1st Defendant

LI BANG YU

2nd Defendant

LAM KWOK WAI

3rd Defendant

CHU PAK HEI

Applicant / Proposed 4th Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Interlocutory Order; Court of Appeal Judgment Delivered

Legal Issues

  1. 1 Whether applicant could be joined as 4th defendant
  2. 2 Whether applicant had any existing proprietary or tenancy interest in the Lots
  3. 3 Whether default declaratory judgment should be treated as final or capable of being set aside

Ratio Decidendi

The Court dismissed CACV 335/2006 because the applicant failed to demonstrate any existing proprietary or tenancy right in the Lots or evidentiary basis to justify joinder; the stay granted by Deputy High Court Judge Muttrie was appropriate pending appeal but must be removed because the appeal failed; consequential costs order nisi was made in favour of the plaintiffs.

Court Disposition

CACV 335/2006 dismissed; CACV 422/2006 appeal not allowed to maintain the stay; stay removed and order nisi for costs made in favour of the plaintiffs

Orders

  • Dismiss CACV 335 of 2006 (appeal dismissed)
  • Refuse to continue the stay granted in CACV 422 of 2006 (stay removed)