LAI YI v. TSUI KIN CHUNG

LAI YI v. TSUI KIN CHUNG

The leave application was refused because it was out of time and the proposed grounds of appeal had no reasonable prospect of success; the Court agreed with the Lands Tribunal Judge's reasons and found no substance in allegations of misconduct or bias, and therefore denied leave and imposed a restriction under Order 59 r2A(8) against requests for oral reconsideration.

Citation
LAI YI v. TSUI KIN CHUNG
Parties
Applicant (landlord): LAI YI; Respondent (tenant): TSUI KIN CHUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 March 2016
Case Number
HCMP3404/2015
Procedural Posture
Application for Leave to Appeal to Court of Appeal From Lands Tribunal (eviction and Mesne Profits) / Leave to Appeal Application Heard in Court of Appeal; Application Refused
Outcome
Leave to appeal refused
Legal Topics
Eviction, Mesne Profits, Leave to Appeal, Judicial Bias, Anonymity Order, Costs
Source Language
EN
Landlord and Tenant Civil Procedure Judicial Conduct/recusal Eviction Mesne Profits Leave to Appeal Judicial Bias Anonymity Order +1 more

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Parties

LAI YI

Applicant (landlord)

TSUI KIN CHUNG

Respondent (tenant)

Procedural Posture

Application for Leave to Appeal to Court of Appeal From Lands Tribunal (eviction and Mesne Profits) / Leave to Appeal Application Heard in Court of Appeal; Application Refused

Legal Issues

  1. 1 Whether out of time leave to appeal should be granted under section 11A(6) of the Lands Tribunal Ordinance
  2. 2 Whether the trial Judge was guilty of misconduct or bias warranting recusal or setting aside of his orders
  3. 3 Whether an anonymity order or private hearing should have been ordered

Ratio Decidendi

The leave application was refused because it was out of time and the proposed grounds of appeal had no reasonable prospect of success; the Court agreed with the Lands Tribunal Judge's reasons and found no substance in allegations of misconduct or bias, and therefore denied leave and imposed a restriction under Order 59 r2A(8) against requests for oral reconsideration.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal refused
  • Order under Rules of the High Court Order 59 r2A(8) (Cap 4A): no party may request the Court's determination to be reconsidered at an oral hearing under paragraph (7)