LAM PING HING v. YEUNG LEUNG WAI

LAM PING HING v. YEUNG LEUNG WAI

Leave to appeal was refused because the intended appeal lacked a reasonable prospect of success and the issues relied on were primarily challenges to findings of fact and credibility properly made at trial; the jurisdiction point was raised belatedly and without admissible new evidence so it could not sustain leave; accordingly there was no basis to grant a stay of execution.

Citation
LAM PING HING v. YEUNG LEUNG WAI
Parties
Plaintiff: Lam; Defendant: Yeung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 August 2010
Case Number
DCCJ2673/2008
Procedural Posture
Recovery of Land / Application for Leave to Appeal and Stay of Execution (district Court, in Chambers)
Outcome
Application for leave to appeal and stay of execution dismissed
Legal Topics
Possession, Mesne Profits, Leave to Appeal, Jurisdiction, Estoppel, Credibility of Witnesses, Stay of Execution, Fresh Evidence on Appeal
Source Language
EN
Property Law Civil Procedure Appeal Equity Possession Mesne Profits Leave to Appeal Jurisdiction +4 more

Case Brief

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Parties

Lam

Plaintiff

Yeung

Defendant

Procedural Posture

Recovery of Land / Application for Leave to Appeal and Stay of Execution (district Court, in Chambers)

Legal Issues

  1. 1 Whether leave to appeal should be granted under section 63A(2) of the District Court Ordinance
  2. 2 Whether the District Court had jurisdiction under section 35 of the District Court Ordinance
  3. 3 Whether the new jurisdiction point and late valuation evidence could be admitted on appeal

Ratio Decidendi

Leave to appeal was refused because the intended appeal lacked a reasonable prospect of success and the issues relied on were primarily challenges to findings of fact and credibility properly made at trial; the jurisdiction point was raised belatedly and without admissible new evidence so it could not sustain leave; accordingly there was no basis to grant a stay of execution.

Court Disposition

Application for leave to appeal and stay of execution dismissed

Orders

  • Application for leave to appeal dismissed
  • Application for stay of execution dismissed