林秀霞,the Committee of the estate of 李英,a mentally incapacitated person (pursuant to the Order of the Honourable Madam Justice Marlene Ng made on 3 November 2021 under Part II of the Mental Health Ordinance, Cap 136) 對 林鎮星

林秀霞,the Committee of the estate of 李英,a mentally incapacitated person (pursuant to the Order of the Honourable Madam Justice Marlene Ng made on 3 November 2021 under Part II of the Mental Health Ordinance, Cap 136) 對 林鎮星

The defendant failed to identify any arguable error in the impugned order; the registry‑issued writs are not appealable judicial decisions under Order 58; the proposed fresh evidence relates to execution matters and does not satisfy Ladd v Marshall's materiality requirement; the subpoena application is irrelevant to...

Source-derived case information.

Citation
[2024] HKDC 2011
Parties
Plaintiff: LAM SAU HA ANNIE; Committee of the estate of LEE YING (mentally incapacitated person); Defendant: LAM CHUN SING JOHN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 November 2024
Case Number
DCMP128/2022
Procedural Posture
Appeal Permission Application Under District Court Rules Order 58 Against Writs of Possession and Writ of Fieri Facias; Related Applications for Fresh Evidence and Witness Attendance / Decision on Appeal Permission, Fresh Evidence and Witness Attendance Applications
Outcome
All of the defendant's applications (appeal permission, fresh evidence, and witness attendance) are dismissed.
Legal Topics
Appeal Permission, Writ of Possession, Writ of Fieri Facias (execution), Fresh Evidence on Appeal, Subpoena/witness Attendance, Abuse of Process, Bailee Liability, Residual Jurisdiction After Death
Source Language
ch
Civil Procedure Execution of Judgment Property Law Mental Health/guardianship Appeal Permission Writ of Possession Writ of Fieri Facias (execution) Fresh Evidence on Appeal +4 more

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Parties

LAM SAU HA ANNIE; Committee of the estate of LEE YING (mentally incapacitated person)

Plaintiff

LAM CHUN SING JOHN

Defendant

Procedural Posture

Appeal Permission Application Under District Court Rules Order 58 Against Writs of Possession and Writ of Fieri Facias; Related Applications for Fresh Evidence and Witness Attendance / Decision on Appeal Permission, Fresh Evidence and Witness Attendance Applications

  1. 1 Whether the defendant has a reasonable prospect of success to obtain permission to appeal under Order 58
  2. 2 Whether writs issued by court registry (writ of possession and writ of fieri facias) are appealable judicial decisions
  3. 3 Whether the proposed new evidence satisfies Ladd v Marshall criteria to be admitted on appeal

Ratio Decidendi

The defendant failed to identify any arguable error in the impugned order; the registry‑issued writs are not appealable judicial decisions under Order 58; the proposed fresh evidence relates to execution matters and does not satisfy Ladd v Marshall's materiality requirement; the subpoena application is irrelevant to appeal permission. Therefore all applications are dismissed and costs awarded to the plaintiff.

Court Disposition

All of the defendant's applications (appeal permission, fresh evidence, and witness attendance) are dismissed.

Orders

  • Defendant's appeal permission application dismissed.
  • Defendant's application to admit fresh evidence dismissed.