鄧添柱 對 潘德俊及另三人

鄧添柱 對 潘德俊及另三人

Permission to appeal was refused because, although the Court of Appeal application was 3 days late, the proposed appeal had no real prospect of success: earlier final determinations (CACV196/2010) gave rise to issue estoppel that the applicant had already sold his interest and therefore could not relitigate...

Source-derived case information.

Citation
[2020] HKCA 479
Parties
Applicant (plaintiff): 鄧添柱; First Defendant: 潘德俊; Second Defendant: 鄧永康; Third Defendant: 鄧森源; Fourth Defendant: 鄧致祥
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
15 June 2020
Case Number
CAMP276/2019
Procedural Posture
Civil Appeal (permission Application) / Court of Appeal Application for Permission to Appeal Against a Striking Out/order Dismissing Summons
Outcome
Application for permission to appeal dismissed
Legal Topics
Leave to Appeal, Strike Out, Issue Estoppel (res Judicata), Delay and Extension of Time, Summary Disposal
Source Language
ch
Civil Procedure Property Law Company Law Costs Leave to Appeal Strike Out Issue Estoppel (res Judicata) Delay and Extension of Time +1 more

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Parties

鄧添柱

Applicant (plaintiff)

潘德俊

First Defendant

鄧永康

Second Defendant

鄧森源

Third Defendant

鄧致祥

Fourth Defendant

Procedural Posture

Civil Appeal (permission Application) / Court of Appeal Application for Permission to Appeal Against a Striking Out/order Dismissing Summons

  1. 1 Whether the applicant's delay in applying for permission to appeal was excused
  2. 2 Whether the proposed appeal had a real prospect of success
  3. 3 Whether issue estoppel prevented relitigation of the applicant's entitlement to the land

Ratio Decidendi

Permission to appeal was refused because, although the Court of Appeal application was 3 days late, the proposed appeal had no real prospect of success: earlier final determinations (CACV196/2010) gave rise to issue estoppel that the applicant had already sold his interest and therefore could not relitigate entitlement; the first defendant had no personal company-law liability; thus the lower judge properly exercised discretion to strike out and the appellate court would not intervene.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application dismissed
  • Applicant to pay costs assessed summarily: HKD 35,000 to the first defendant's side