LEUNG, KA LAM 對 NGAI, CHI MING JAMES

LEUNG, KA LAM 對 NGAI, CHI MING JAMES

The applicant failed to demonstrate any arguable or non‑fanciful error in the trial judge's factual findings; the trial judge's conclusions about the existence of the alleged 2014 oral agreement and the uncertain fraudulent nature of Rebuilding America were open on the evidence and not plainly wrong, so there was no...

Source-derived case information.

Citation
[2023] HKCA 1367
Parties
Plaintiff: LEUNG, KA LAM; Second Defendant: NGAI, CHI MING JAMES
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
28 December 2023
Case Number
CAMP55/2023
Procedural Posture
Application for Permission to Appeal to Court of Appeal / Leave Application Decided on Papers (no Oral Hearing)
Outcome
Application for permission to appeal refused
Legal Topics
Permission to Appeal (s63 A), Standard of Appeal on Findings of Fact, Oral Agreement, Misrepresentation, Abuse of Process, Taxation of Costs
Source Language
ch
Civil Procedure Appeals Contract Fraud Costs Permission to Appeal (s63 A) Standard of Appeal on Findings of Fact Oral Agreement +3 more

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Parties

LEUNG, KA LAM

Plaintiff

NGAI, CHI MING JAMES

Second Defendant

Procedural Posture

Application for Permission to Appeal to Court of Appeal / Leave Application Decided on Papers (no Oral Hearing)

  1. 1 Whether the applicant has a reasonable prospect of success on appeal under s63A(2) of the District Court Ordinance
  2. 2 Whether the trial judge made a material or obvious error of fact or law warranting overturning his factual findings
  3. 3 Whether an oral agreement alleged in January 2014 existed and gave rise to liability

Ratio Decidendi

The applicant failed to demonstrate any arguable or non‑fanciful error in the trial judge's factual findings; the trial judge's conclusions about the existence of the alleged 2014 oral agreement and the uncertain fraudulent nature of Rebuilding America were open on the evidence and not plainly wrong, so there was no reasonable prospect of success on appeal under s63A(2); accordingly leave was refused and costs awarded with a provisional taxation.

Court Disposition

Application for permission to appeal refused

Orders

  • The summons filed 8 February 2023 seeking permission to appeal is dismissed.
  • Applicant ordered to pay respondent's costs; provisional costs assessed at HKD 4,000.