MAK KAM CHIU v. 富明閣業主立案法團

MAK KAM CHIU v. 富明閣業主立案法團

Leave to appeal was dismissed because the proposed grounds had no reasonable prospects of success: the tribunal correctly applied issue estoppel; the Small Claims Tribunal lawfully had jurisdiction over the monetary counterclaim for loss of rental income; the applicant failed to demonstrate special circumstances making application of issue estoppel unjust; and the application was an abuse of process. Costs were ordered against the applicant.

Citation
[2019] HKLdT 43
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
5 August 2019
Case Number
LDBM204/2017
Procedural Posture
Application for Leave to Appeal / Leave Stage (paper Disposal)
Outcome
Application for leave to appeal dismissed.
Legal Topics
Issue Estoppel, Henderson V Henderson Abuse of Process, Jurisdiction of Small Claims Tribunal, Leave to Appeal, Costs
Source Language
EN
Civil Procedure Property Law Res Judicata/estoppel Tribunal Jurisdiction Appeals Issue Estoppel Henderson V Henderson Abuse of Process Jurisdiction of Small Claims Tribunal +2 more

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Procedural Posture

Application for Leave to Appeal / Leave Stage (paper Disposal)

Legal Issues

  1. 1 Whether issue estoppel barred re-litigation of the delineation of car parking spaces
  2. 2 Whether the Small Claims Tribunal had jurisdiction to determine or rule on property rights or land boundary issues
  3. 3 Whether the application constituted a Henderson v Henderson abuse of process

Ratio Decidendi

Leave to appeal was dismissed because the proposed grounds had no reasonable prospects of success: the tribunal correctly applied issue estoppel; the Small Claims Tribunal lawfully had jurisdiction over the monetary counterclaim for loss of rental income; the applicant failed to demonstrate special circumstances making application of issue estoppel unjust; and the application was an abuse of process. Costs were ordered against the applicant.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • Application for leave to appeal dismissed.
  • Costs order nisi that the applicant do pay the respondent's costs of the application for leave to appeal, to be taxed on the District Court Scale if not agreed, with certificate for counsel.