香港平民屋宇有限公司 對 譚蕙蘭

香港平民屋宇有限公司 對 譚蕙蘭

Applications were refused because none of the defendants demonstrated a reasonable prospect of success on appeal or special circumstances to vary or stay costs orders; appellants cannot raise new or abandoned factual or legal arguments on appeal and personal hardship or non-profit status do not displace the ordinary...

Source-derived case information.

Citation
[2026] HKDC 29
Parties
Plaintiff: the hong kong settlers housing corporation limited (香港平民屋宇有限公司); Defendant: YAN KWOK YIP (甄國業); Defendant: CHO CHEUK CHEE AMY (曹綽芝); Defendant: KWAN WAI KIN (關偉建); Defendant: TAM WAI LAN (譚蕙蘭)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 January 2026
Case Number
DCCJ5582/2023
Procedural Posture
Possession Proceedings Arising From Landlord's Claim to Recover Vacant Possession / Post Judgment Applications for Leave to Appeal, Variation of Interim Costs Order and Stays of Execution
Outcome
All listed applications refused
Legal Topics
Leave to Appeal, Stay of Execution, Interim Costs Order, Historical Statutory Undertakings, Resettlement Regulations, Tenancy Estoppel
Source Language
ch
Landlord and Tenant Civil Procedure Costs Appeal Property Law Leave to Appeal Stay of Execution Interim Costs Order +3 more

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Parties

the hong kong settlers housing corporation limited (香港平民屋宇有限公司)

Plaintiff

YAN KWOK YIP (甄國業)

Defendant

CHO CHEUK CHEE AMY (曹綽芝)

Defendant

KWAN WAI KIN (關偉建)

Defendant

TAM WAI LAN (譚蕙蘭)

Defendant

Procedural Posture

Possession Proceedings Arising From Landlord's Claim to Recover Vacant Possession / Post Judgment Applications for Leave to Appeal, Variation of Interim Costs Order and Stays of Execution

  1. 1 Whether appellants demonstrated a reasonable prospect of success to justify leave to appeal
  2. 2 Whether interim costs orders should be varied or stayed pending appeal
  3. 3 Whether execution of possession orders should be stayed pending appeal

Ratio Decidendi

Applications were refused because none of the defendants demonstrated a reasonable prospect of success on appeal or special circumstances to vary or stay costs orders; appellants cannot raise new or abandoned factual or legal arguments on appeal and personal hardship or non-profit status do not displace the ordinary rule that costs follow the event; the plaintiff's limited undertaking not to enforce possession before 1 February 2026 was accepted to balance competing interests.

Court Disposition

All listed applications refused

Orders

  • Leave to appeal refused for DCCJ 5505, 5507, 5509 and 5582/2023
  • Applications to vary or stay interim costs orders refused