LAM FUNG CHING ANNIE v. TSE KWOK WING JACKY AND ANOTHER

LAM FUNG CHING ANNIE v. TSE KWOK WING JACKY AND ANOTHER

The summons for leave to appeal and stay of execution was dismissed because the defendants failed to show a reasonable prospect of success; the trial judge's findings on burden and credibility were properly reached and, even if an error on burden existed, it would not have affected the judgment; consequently no stay was justified.

Citation
LAM FUNG CHING ANNIE v. TSE KWOK WING JACKY AND ANOTHER
Parties
Plaintiff: Madam Lam; 1st Defendant: 1st defendant; 2nd Defendant: 2nd defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 July 2016
Case Number
DCMP1129/2012
Procedural Posture
Partition Application (section 6 Partition Ordinance) / Application for Leave to Appeal and Stay of Execution After Judgment
Outcome
Summons dismissed; leave to appeal and stay of execution refused; costs ordered against defendants.
Legal Topics
Partition, Order for Sale, Burden of Proof, Credibility of Witnesses, Leave to Appeal, Stay of Execution, Costs
Source Language
EN
Property Law Equity Civil Procedure Appeal Partition Order for Sale Burden of Proof Credibility of Witnesses +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Madam Lam

Plaintiff

1st defendant

1st Defendant

2nd defendant

2nd Defendant

Procedural Posture

Partition Application (section 6 Partition Ordinance) / Application for Leave to Appeal and Stay of Execution After Judgment

Legal Issues

  1. 1 Whether the burden of proof lay on the plaintiff to show beneficial interests diverged from legal title
  2. 2 Whether the defendants demonstrated a reasonable prospect of success on appeal
  3. 3 Whether the trial judge erred in findings of fact or credibility such that an appellate court should intervene

Ratio Decidendi

The summons for leave to appeal and stay of execution was dismissed because the defendants failed to show a reasonable prospect of success; the trial judge's findings on burden and credibility were properly reached and, even if an error on burden existed, it would not have affected the judgment; consequently no stay was justified.

Court Disposition

Summons dismissed; leave to appeal and stay of execution refused; costs ordered against defendants.

Orders

  • Summons dismissed; application for leave to appeal and for stay refused
  • Order nisi for 1st and 2nd defendants to pay plaintiff's costs of the Summons, including all costs reserved, to be taxed if not agreed, with certificate for counsel