劉仲基 對 劉妙婷

劉仲基 對 劉妙婷

Leave to appeal was refused because the defendant raised only case-specific factual or evidential disagreements about the bespoke ownership-change agreement and failed to demonstrate any legal issue of wide public or general importance or any other exceptional reason warranting referral to the Court of Final Appeal;...

Source-derived case information.

Citation
[2022] HKCA 1079
Parties
Plaintiff: Lau Chung Kei (劉仲基); Defendant: Lau Miu Ting (劉妙婷)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
21 July 2022
Case Number
CACV57/2021
Procedural Posture
Civil Appeal / Application for Leave to Appeal to the Court of Final Appeal (refused)
Outcome
application for leave to appeal to the Court of Final Appeal refused
Legal Topics
Specific Performance, Enforcement of Agreement, Leave to Appeal, Evidence
Source Language
ch
Contract Civil Procedure Property Law Specific Performance Enforcement of Agreement Leave to Appeal Evidence

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Parties

Lau Chung Kei (劉仲基)

Plaintiff

Lau Miu Ting (劉妙婷)

Defendant

Procedural Posture

Civil Appeal / Application for Leave to Appeal to the Court of Final Appeal (refused)

  1. 1 Whether the proposed appeal raises issues of wide public or general importance under s22(1)(b) of Cap.484
  2. 2 Whether there are other exceptional reasons justifying leave to appeal to the Court of Final Appeal
  3. 3 Whether newly tendered evidence or alleged overlooked facts convert what is essentially a factual dispute into a matter of public importance

Ratio Decidendi

Leave to appeal was refused because the defendant raised only case-specific factual or evidential disagreements about the bespoke ownership-change agreement and failed to demonstrate any legal issue of wide public or general importance or any other exceptional reason warranting referral to the Court of Final Appeal; additional material did not alter that conclusion.

Court Disposition

application for leave to appeal to the Court of Final Appeal refused

Orders

  • Application for leave to appeal dismissed
  • Motion and summons struck out