KWOK, SO YUET 對 LIU JING 及另一人

KWOK, SO YUET 對 LIU JING 及另一人

Leave to appeal was refused because the applicant failed to demonstrate any arguable point of law or reasonable prospect of success under s11AA(6); the Tribunal's decision contained no legal error and the applicant's inconsistent factual accounts (rent amounts) defeated the appeal basis.

Source-derived case information.

Citation
[2019] HKCA 650
Parties
Applicant: KWOK, So Yuet; First Respondent: LIU Jing; Second Respondent: 陳淦輝
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
5 June 2019
Case Number
CAMP21/2019
Procedural Posture
Application for Leave to Appeal Under the Lands Tribunal Ordinance / Hearing on Leave Application (court of Appeal)
Outcome
Leave to appeal refused; summons of 31 January 2019 discharged
Legal Topics
Leave to Appeal, Interim Mesne Profits, Joining of Parties, Non Payment of Rent, Procedural Requirements Under Lands Tribunal Ordinance
Source Language
ch
Land Law Tenancy Law Civil Procedure Appeal Law Leave to Appeal Interim Mesne Profits Joining of Parties Non Payment of Rent +1 more

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Parties

KWOK, So Yuet

Applicant

LIU Jing

First Respondent

陳淦輝

Second Respondent

Procedural Posture

Application for Leave to Appeal Under the Lands Tribunal Ordinance / Hearing on Leave Application (court of Appeal)

  1. 1 Whether leave to appeal should be granted under Lands Tribunal Ordinance s11(2) and s11AA(6)
  2. 2 Whether the Lands Tribunal committed an error of law in admitting the second respondent and ordering interim payments
  3. 3 Whether the applicant has a reasonable prospect of success on appeal given inconsistent factual assertions about rent

Ratio Decidendi

Leave to appeal was refused because the applicant failed to demonstrate any arguable point of law or reasonable prospect of success under s11AA(6); the Tribunal's decision contained no legal error and the applicant's inconsistent factual accounts (rent amounts) defeated the appeal basis.

Court Disposition

Leave to appeal refused; summons of 31 January 2019 discharged

Orders

  • Leave to appeal refused
  • Summons dated 31 January 2019 discharged