SOURCE VIEW DEVELOPMENT LTD 對 CAFE HAPPY POST LTD 及另三人

SOURCE VIEW DEVELOPMENT LTD 對 CAFE HAPPY POST LTD 及另三人

The applications and appeals were dismissed because the applicant failed to show a real or substantial prospect of success on appeal or other compelling grounds to justify staying enforcement; the applicant’s arguments were repetitive and constituted an abuse of process; enforcement had been completed and the Master’s costs orders were appropriate and not plainly wrong, therefore the court refused to suspend execution and refused to set aside costs orders.

Citation
[2024] HKCFI 1682
Parties
Plaintiff: Source View Development Limited; First Defendant: CAFE HAPPY POST LIMITED; Second Defendant: 鄧錦祥; Third Defendant: HAPPY POST ENTERPRISE LIMITED; Fourth Defendant: WILLCOCKS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 June 2024
Case Number
HCA2275/2019
Procedural Posture
Possession and Enforcement Proceedings Originating From Lands Tribunal / Interlocutory Applications and Appeals Against Interlocutory Orders
Outcome
All four applications/appeals dismissed; costs awarded to Plaintiff
Legal Topics
Stay of Execution, Possession Order Enforcement, Costs Orders, Abuse of Process, Appeal Permission
Source Language
CH
Civil Procedure Enforcement Landlord and Tenant Property Law Costs Stay of Execution Possession Order Enforcement Costs Orders +2 more

Case Brief

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Parties

Source View Development Limited

Plaintiff

CAFE HAPPY POST LIMITED

First Defendant

鄧錦祥

Second Defendant

HAPPY POST ENTERPRISE LIMITED

Third Defendant

WILLCOCKS LIMITED

Fourth Defendant

Procedural Posture

Possession and Enforcement Proceedings Originating From Lands Tribunal / Interlocutory Applications and Appeals Against Interlocutory Orders

Legal Issues

  1. 1 Whether enforcement of possession order should be stayed or suspended pending appeal
  2. 2 Whether the costs orders made by the Master should be set aside
  3. 3 Whether the applicant has a real or substantial prospect of success on appeal

Ratio Decidendi

The applications and appeals were dismissed because the applicant failed to show a real or substantial prospect of success on appeal or other compelling grounds to justify staying enforcement; the applicant’s arguments were repetitive and constituted an abuse of process; enforcement had been completed and the Master’s costs orders were appropriate and not plainly wrong, therefore the court refused to suspend execution and refused to set aside costs orders.

Court Disposition

All four applications/appeals dismissed; costs awarded to Plaintiff

Orders

  • The 24/1/2024 application, the 7/2/2024 application, the 5/3/2024 appeal notice and the 12/3/2024 appeal notice are dismissed.
  • The Second Defendant must pay Source View Development Limited’s costs for the 24/1/2024 application in the sum of HKD 12,000.