LI KIM LUNG 及另一人 對 鄧燦彬

LI KIM LUNG 及另一人 對 鄧燦彬

Permission to appeal was refused because the proposed appeal merely re‑argued factual findings expressly considered and rejected by the trial judge, had no realistic prospect of success, relied on fresh evidence that failed to satisfy Ladd v Marshall, and the out‑of‑time application was unexplained; accordingly...

Source-derived case information.

Citation
[2022] HKCA 1312
Parties
First Plaintiff: LI KIM LUNG; Second Plaintiff: LUK MAN LING; Defendant: TANG TSAN PUN
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
8 September 2022
Case Number
CAMP90/2020
Procedural Posture
Application for Permission to Appeal Out of Time From District Court Civil Judgment / Permission to Appeal Application Dismissed on Papers (no Oral Hearing)
Outcome
Application for permission to appeal dismissed; the 8 July 2020 filed originating process for permission to appeal revoked/struck out.
Legal Topics
Permission to Appeal (out of Time), Admissibility of Fresh Evidence, Credibility Findings, Water Leakage/neighbour Dispute, Damages — Loss of Rental
Source Language
ch
Civil Procedure Tort/negligence Property Law Evidence Law Permission to Appeal (out of Time) Admissibility of Fresh Evidence Credibility Findings Water Leakage/neighbour Dispute +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

LI KIM LUNG

First Plaintiff

LUK MAN LING

Second Plaintiff

TANG TSAN PUN

Defendant

Procedural Posture

Application for Permission to Appeal Out of Time From District Court Civil Judgment / Permission to Appeal Application Dismissed on Papers (no Oral Hearing)

  1. 1 whether permission to appeal out of time should be granted
  2. 2 whether proposed appeal has a reasonable prospect of success
  3. 3 whether newly produced expert report and affidavit evidence satisfy criteria for admission (Ladd v Marshall)

Ratio Decidendi

Permission to appeal was refused because the proposed appeal merely re‑argued factual findings expressly considered and rejected by the trial judge, had no realistic prospect of success, relied on fresh evidence that failed to satisfy Ladd v Marshall, and the out‑of‑time application was unexplained; accordingly there were no grounds to exercise discretion to permit a late appeal.

Court Disposition

Application for permission to appeal dismissed; the 8 July 2020 filed originating process for permission to appeal revoked/struck out.

Orders

  • Application for permission to appeal dismissed and 8 July 2020 filing revoked
  • Defendant ordered to pay plaintiffs' costs of this application; plaintiffs to file a one‑page costs schedule by 22 September 2022