ELIAS NEIL DAVID AND ANOTHER v. CHENG SUI CHU AND OTHERS

ELIAS NEIL DAVID AND ANOTHER v. CHENG SUI CHU AND OTHERS

Leave to appeal dismissed because defendants failed to show a reasonable prospect of success: the judge properly found no binding agreement to terminate the Head Lease early (WhatsApp messages and witness evidence showed no meeting of minds), the counterclaim failed, the nuisance findings were supported by evidence (including contemporaneous complaints and incident report) and the damages assessment was within reasonable bounds.

Citation
[2019] HKDC 935
Parties
1st Plaintiff: ELIAS NEIL DAVID; 2nd Plaintiff: LOCKWOOD JANE ELIZABETH MARY; 1st Defendant: CHENG SUI CHU; 2nd Defendant: WONG CHI HING; 3rd Defendant: PERSONS DOING SUCH ACTS OR THINGS, IN OR ON LOT NO. 246 IN D.D. 8...
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 July 2019
Case Number
DCCJ2148/2016
Procedural Posture
Civil Nuisance Claim by Plaintiffs; Trespass and Conversion Counterclaim by Defendants / Post Trial Application for Leave to Appeal (district Court)
Outcome
Summons for leave to appeal dismissed
Legal Topics
Nuisance, Trespass, Conversion, Leave to Appeal, Pleadings, Evidence, Contract Termination, Mistake
Source Language
EN
Civil Law Tort Property Law Civil Procedure Nuisance Trespass Conversion Leave to Appeal +4 more

Case Brief

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Parties

ELIAS NEIL DAVID

1st Plaintiff

LOCKWOOD JANE ELIZABETH MARY

2nd Plaintiff

CHENG SUI CHU

1st Defendant

WONG CHI HING

2nd Defendant

PERSONS DOING SUCH ACTS OR THINGS, IN OR ON LOT NO. 246 IN D.D. 8...

3rd Defendant

Procedural Posture

Civil Nuisance Claim by Plaintiffs; Trespass and Conversion Counterclaim by Defendants / Post Trial Application for Leave to Appeal (district Court)

Legal Issues

  1. 1 Whether leave to appeal should be granted under s63A DCO (reasonable prospect of success)
  2. 2 Whether there was an agreement for early termination of the Head Lease
  3. 3 Whether the defendants' counterclaim for trespass and conversion should succeed

Ratio Decidendi

Leave to appeal dismissed because defendants failed to show a reasonable prospect of success: the judge properly found no binding agreement to terminate the Head Lease early (WhatsApp messages and witness evidence showed no meeting of minds), the counterclaim failed, the nuisance findings were supported by evidence (including contemporaneous complaints and incident report) and the damages assessment was within reasonable bounds.

Court Disposition

Summons for leave to appeal dismissed

Orders

  • Leave to appeal refused
  • Costs to plaintiffs with certificate for counsel, to be taxed if not agreed