LAI, RAYMOND YOUMENG v. HEUNG ELIZA NGAN SIU

LAI, RAYMOND YOUMENG v. HEUNG ELIZA NGAN SIU

Leave to appeal out of time was refused because the proposed grounds of appeal were findings of fact rather than points of law, the appeal had no reasonable prospect of success, the respondent failed to meet the statutory test for leave and had missed the relief period leading to execution of the writ of possession.

Citation
LAI, RAYMOND YOUMENG v. HEUNG ELIZA NGAN SIU
Parties
Applicant (landlord): Applicant; Respondent (tenant): Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
6 October 2017
Case Number
LDPD1433/2017
Procedural Posture
Recovery of Possession and Rent (lands Tribunal) / Interlocutory Application for Leave to Appeal Out of Time and Stay of Execution
Outcome
Interlocutory application dismissed; leave to appeal out of time refused; application for stay of execution refused; original judgment enforced.
Legal Topics
Forfeiture, Leave to Appeal Out of Time, Rent Arrears, Writ of Possession, Stay of Execution
Source Language
EN
Landlord and Tenant Civil Procedure Appeals Forfeiture Leave to Appeal Out of Time Rent Arrears Writ of Possession Stay of Execution

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Parties

Applicant

Applicant (landlord)

Respondent

Respondent (tenant)

Procedural Posture

Recovery of Possession and Rent (lands Tribunal) / Interlocutory Application for Leave to Appeal Out of Time and Stay of Execution

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether the tenant's asserted defects and maintenance complaints excuse non-payment of rent
  3. 3 Whether the appeal raises a point of law or only factual findings

Ratio Decidendi

Leave to appeal out of time was refused because the proposed grounds of appeal were findings of fact rather than points of law, the appeal had no reasonable prospect of success, the respondent failed to meet the statutory test for leave and had missed the relief period leading to execution of the writ of possession.

Court Disposition

Interlocutory application dismissed; leave to appeal out of time refused; application for stay of execution refused; original judgment enforced.

Orders

  • Respondent to deliver vacant possession of the premises (subject to relief paragraph)
  • Respondent to pay arrears of rent/mesne profits at HKD 21000 per month from 1 July 2017 until delivery of possession