HYPER LINK LTD 對 EARTH GROUP LTD

HYPER LINK LTD 對 EARTH GROUP LTD

Leave to appeal was refused because the proposed appeal had no reasonable prospect of success and there was no other reason in the interests of justice to permit an appeal; the Tribunal correctly found respondent had not given vacant possession and the respondent's factual and evidential challenges (including tort...

Source-derived case information.

Citation
[2022] HKLdT 40
Parties
Applicant: HYPER LINK LIMITED; Respondent: EARTH GROUP LIMITED
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
19 August 2022
Case Number
LDPE317/2022
Procedural Posture
Application for Leave to Appeal From Lands Tribunal Review Judgment / Permission Hearing / Interlocutory Application
Outcome
Application for leave to appeal refused.
Legal Topics
Recovery of Possession, Vacant Possession After Lease Expiry, Jurisdiction of Lands Tribunal, Evidentiary Weight of Payment Records, Alleged Illegal Subdivision
Source Language
ch
Landlord and Tenant Law Civil Procedure Possession Law Appeals Recovery of Possession Vacant Possession After Lease Expiry Jurisdiction of Lands Tribunal Evidentiary Weight of Payment Records +1 more

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Parties

HYPER LINK LIMITED

Applicant

EARTH GROUP LIMITED

Respondent

Procedural Posture

Application for Leave to Appeal From Lands Tribunal Review Judgment / Permission Hearing / Interlocutory Application

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether the Lands Tribunal had jurisdiction to entertain tort or trespass claims
  3. 3 Whether the respondent returned vacant possession after lease expiry

Ratio Decidendi

Leave to appeal was refused because the proposed appeal had no reasonable prospect of success and there was no other reason in the interests of justice to permit an appeal; the Tribunal correctly found respondent had not given vacant possession and the respondent's factual and evidential challenges (including tort allegations and claims of illegal subdivision) were either outside the Tribunal's jurisdiction or unsupported by evidence.

Court Disposition

Application for leave to appeal refused.

Orders

  • Leave to appeal refused.
  • No order as to costs.