香港平民屋宇有限公司 對 曹綽芝

香港平民屋宇有限公司 對 曹綽芝

Applicants failed to demonstrate a reasonable prospect of success on appeal or any other compelling reason to grant leave or stay; accordingly leave to appeal and stay applications are refused and costs are ordered to follow the event, with barrister's certificates to be issued in DCCJ 5509 and 5582; plaintiff's...

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
DCCJ5507/2023
Procedural Posture
Civil Landlord and Tenant/possession and Costs / Post Trial Applications for Leave to Appeal, Stay of Execution and Variation of Costs Order; Judgment Refusing Applications (hearing 31 Dec 2025; Reasons 8 Jan 2026)
Outcome
All defendants' applications for leave to appeal, stays of execution and variation/suspension of costs orders refused; costs awarded to plaintiff; plaintiff's undertaking accepted to defer enforcement until 1 February 2026.
Legal Topics
Vacant Possession, Leave to Appeal, Stay of Execution, Costs Follow the Event, Estoppel, Historical Assurances and Resettlement Law, Procedural Fairness
Source Language
ch
Landlord and Tenant Civil Procedure Appeal Costs Public Law (historical Context) Vacant Possession Leave to Appeal Stay of Execution +4 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

Civil Landlord and Tenant/possession and Costs / Post Trial Applications for Leave to Appeal, Stay of Execution and Variation of Costs Order; Judgment Refusing Applications (hearing 31 Dec 2025; Reasons 8 Jan 2026)

  1. 1 Whether applicants showed a reasonable prospect of success for leave to appeal
  2. 2 Whether to grant stay of execution of possession orders pending appeal
  3. 3 Whether costs order should be varied from the usual rule that costs follow the event

Ratio Decidendi

Applicants failed to demonstrate a reasonable prospect of success on appeal or any other compelling reason to grant leave or stay; accordingly leave to appeal and stay applications are refused and costs are ordered to follow the event, with barrister's certificates to be issued in DCCJ 5509 and 5582; plaintiff's limited undertaking to defer enforcement to 1 February 2026 accepted as balancing measure.

Court Disposition

All defendants' applications for leave to appeal, stays of execution and variation/suspension of costs orders refused; costs awarded to plaintiff; plaintiff's undertaking accepted to defer enforcement until 1 February 2026.

Orders

  • Leave to appeal refused for defendants in DCCJ 5505, 5507, 5509 and 5582
  • Applications for stay of execution of possession orders refused