陳發源 對 伍詠詩

陳發源 對 伍詠詩

Tribunal held respondent had been aware since early March and had already been granted a short buffer until 30 April 2013; respondent failed to provide any credible, reasonable grounds to justify further occupation or to show the April 19 decision was erroneous; the review had no reasonable prospect of success and must be dismissed, maintaining the original possession order and permitting immediate execution.

Citation
陳發源 對 伍詠詩
Parties
申請人: 陳發源; 答辯人: 伍詠詩
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
13 May 2013
Case Number
LDPD567/2013
Procedural Posture
Landlord and Tenant — Possession Proceedings (review of Possession Order) / Review Under Section 11 a (post‑decision Review)
Outcome
Review application dismissed; April 19, 2013 decision upheld; respondent's review application revoked; applicant may immediately resume execution of possession order.
Legal Topics
Possession Order, Stay of Execution, Review of Tribunal Decision, Costs
Source Language
CH
Property Law Landlord and Tenant Civil Procedure Administrative Review Possession Order Stay of Execution Review of Tribunal Decision Costs

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Parties

陳發源

申請人

伍詠詩

答辯人

Procedural Posture

Landlord and Tenant — Possession Proceedings (review of Possession Order) / Review Under Section 11 a (post‑decision Review)

Legal Issues

  1. 1 Whether the stay of execution (extension to remain) should be further extended
  2. 2 Whether the respondent demonstrated reasonable grounds to set aside or alter the April 19, 2013 decision
  3. 3 Whether the original decision contained any error warranting review

Ratio Decidendi

Tribunal held respondent had been aware since early March and had already been granted a short buffer until 30 April 2013; respondent failed to provide any credible, reasonable grounds to justify further occupation or to show the April 19 decision was erroneous; the review had no reasonable prospect of success and must be dismissed, maintaining the original possession order and permitting immediate execution.

Court Disposition

Review application dismissed; April 19, 2013 decision upheld; respondent's review application revoked; applicant may immediately resume execution of possession order.

Orders

  • Dismissal of the respondent's review application dated 7 May 2013
  • Maintain the Tribunal's 19 April 2013 decision ordering return of vacant possession (including the prior temporary stay to 30 April 2013 subject to the earlier stated conditions)