YIP YAN CHEUNG GARY also known as YIP YAN CHEUNG v. CHOW TIN CHOI

YIP YAN CHEUNG GARY also known as YIP YAN CHEUNG v. CHOW TIN CHOI

The application for leave to appeal is dismissed because the plaintiff's grounds amounted to attacks on trial findings of fact which were supported by evidence (aerial photos, expert reports and oral testimony); there is no reasonable prospect of success on appeal and costs should follow the event.

Citation
YIP YAN CHEUNG GARY also known as YIP YAN CHEUNG v. CHOW TIN CHOI
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 March 2016
Case Number
DCCJ2645/2012
Procedural Posture
Civil Adverse Possession and Counterclaim / Application for Leave to Appeal (summons)
Outcome
Application for leave to appeal dismissed
Legal Topics
Adverse Possession, Burden of Proof, Credibility of Witnesses, Leave to Appeal, Costs Taxation
Source Language
EN
Property Civil Procedure Appeals Costs Adverse Possession Burden of Proof Credibility of Witnesses Leave to Appeal +1 more

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Adverse Possession and Counterclaim / Application for Leave to Appeal (summons)

Legal Issues

  1. 1 Whether the defendant and family were in continuous and uninterrupted possession of the Subject Lands since 1981
  2. 2 Whether the defendant discharged the burden of proof for adverse possession
  3. 3 Assessment of the defendant's credibility and weight to be given to self‑serving evidence

Ratio Decidendi

The application for leave to appeal is dismissed because the plaintiff's grounds amounted to attacks on trial findings of fact which were supported by evidence (aerial photos, expert reports and oral testimony); there is no reasonable prospect of success on appeal and costs should follow the event.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The plaintiff to pay the defendant's costs of the summons with certificate for counsel, to be taxed if not agreed
  • The defendant's own costs to be taxed in accordance with Legal Aid Regulations