LI NA, the Administratrix of the estate of CHEUNG CHUNG WAH, the Deceased 對 CHEUNG CHUNG FU

LI NA, the Administratrix of the estate of CHEUNG CHUNG WAH, the Deceased 對 CHEUNG CHUNG FU

The appellant failed to demonstrate any reasonable prospect of success or any other ground warranting leave; the Court will not overturn the trial judge's credibility-based factual findings absent clear error; accordingly leave to appeal was refused and costs were awarded to the respondent.

Source-derived case information.

Citation
[2020] HKCA 1008
Parties
Plaintiff: Li Na, administratrix of the estate of Cheung Chung Wah (deceased); Defendant: Cheung Chung Fu
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
4 December 2020
Case Number
CAMP50/2020
Procedural Posture
Civil Miscellaneous Appeal (application for Leave to Appeal From District Court Judgment) / Application for Leave to Appeal (refused)
Outcome
application for leave to appeal refused
Legal Topics
Beneficial Ownership, Constructive Trust, Leave to Appeal, Credibility Findings, Costs
Source Language
ch
Property Law Trusts Probate Civil Procedure Appeals Beneficial Ownership Constructive Trust Leave to Appeal +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Li Na, administratrix of the estate of Cheung Chung Wah (deceased)

Plaintiff

Cheung Chung Fu

Defendant

Procedural Posture

Civil Miscellaneous Appeal (application for Leave to Appeal From District Court Judgment) / Application for Leave to Appeal (refused)

  1. 1 Whether the deceased or the defendant was the beneficial owner of the property
  2. 2 Whether the defendant demonstrated a reasonable prospect of success to justify leave to appeal
  3. 3 Whether the trial judge committed a palpable and overriding error in factual findings

Ratio Decidendi

The appellant failed to demonstrate any reasonable prospect of success or any other ground warranting leave; the Court will not overturn the trial judge's credibility-based factual findings absent clear error; accordingly leave to appeal was refused and costs were awarded to the respondent.

Court Disposition

application for leave to appeal refused

Orders

  • Leave to appeal refused
  • Defendant ordered to pay the plaintiff's costs of this application