CHU PO LING v. CHUNG CHUN SHING AND ANOTHER

CHU PO LING v. CHUNG CHUN SHING AND ANOTHER

Leave to appeal was refused because there were no reasonable prospects of success: the trial judge’s factual findings that rent had been paid during the period of alleged adverse possession were well-founded and fatal to the adverse possession claim, and appellate interference with such findings is not warranted; consequently a stay of execution was refused, but a short interim stay of 28 days was granted to permit urgent renewal before the Court of Appeal; costs were awarded to the plaintiff on a party and party basis with a certificate for counsel.

Citation
CHU PO LING v. CHUNG CHUN SHING AND ANOTHER
Parties
Plaintiff: Plaintiff; 1st Defendant (litigant in Person): 1st Defendant; 2nd Defendant (joined for Costs): 2nd Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 November 2014
Case Number
DCCJ32/2012
Procedural Posture
Civil Land/possession (vacant Possession, Mesne Profits, Adverse Possession) / Post Trial Application for Leave to Appeal and Stay of Execution
Outcome
Summons dismissed; leave to appeal refused; stay of execution refused except for a short interim stay of 28 days; costs awarded to plaintiff on party and party basis with certificate for counsel.
Legal Topics
Adverse Possession, Vacant Possession, Mesne Profits, Leave to Appeal, Stay of Execution, Assessment of Costs, Appellate Review of Findings of Fact
Source Language
EN
Land Law Civil Procedure Appeals Costs Adverse Possession Vacant Possession Mesne Profits Leave to Appeal +3 more

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant (litigant in Person)

2nd Defendant

2nd Defendant (joined for Costs)

Procedural Posture

Civil Land/possession (vacant Possession, Mesne Profits, Adverse Possession) / Post Trial Application for Leave to Appeal and Stay of Execution

Legal Issues

  1. 1 Whether leave to appeal should be granted under s63A(2) District Court Ordinance
  2. 2 Whether there were reasonable prospects of success on grounds: (a) revisit of Wong Tak Yue in light of JA Pye dicta; (b) challenge to trial finding that rent was paid during period of alleged adverse possession
  3. 3 Whether a stay of execution should be granted pending appeal

Ratio Decidendi

Leave to appeal was refused because there were no reasonable prospects of success: the trial judge’s factual findings that rent had been paid during the period of alleged adverse possession were well-founded and fatal to the adverse possession claim, and appellate interference with such findings is not warranted; consequently a stay of execution was refused, but a short interim stay of 28 days was granted to permit urgent renewal before the Court of Appeal; costs were awarded to the plaintiff on a party and party basis with a certificate for counsel.

Court Disposition

Summons dismissed; leave to appeal refused; stay of execution refused except for a short interim stay of 28 days; costs awarded to plaintiff on party and party basis with certificate for counsel.

Orders

  • Summons for leave to appeal dismissed
  • Leave to appeal refused