香港平民屋宇有限公司 對 關偉建

香港平民屋宇有限公司 對 關偉建

Applications refused because none of the defendants demonstrated a reasonable prospect of success on appeal or other grounds warranting leave or variation of interim costs; costs were ordered to follow the event as per the rules; applications for stays of enforcement were refused given lack of arguable appeals and...

Source-derived case information.

Citation
[2026] HKDC 29
Parties
Plaintiff: the hong kong settlers housing corporation limited; 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
DCCJ5509/2023
Procedural Posture
Civil Possession (recovery of Possession) / Post Trial Applications for Leave to Appeal, Variation of Costs Order and Stay of Execution
Outcome
All applications by the defendants refused; costs ordered in favour of plaintiff; limited undertaking accepted delaying enforcement until 1 February 2026
Legal Topics
Leave to Appeal, Variation of Interim Costs Order, Stay of Execution, Possession Orders, Estoppel, Historical Statutory Interpretation
Source Language
ch
Landlord and Tenant Civil Procedure Costs Law Administrative/public Law Property Law Leave to Appeal Variation of Interim Costs Order Stay of Execution +3 more

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Parties

the hong kong settlers housing corporation limited

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 Possession (recovery of Possession) / Post Trial Applications for Leave to Appeal, Variation of Costs Order and Stay of Execution

  1. 1 Whether leave to appeal should be granted (reasonable prospect of success)
  2. 2 Whether interim costs order should be varied or stayed
  3. 3 Whether to grant a stay/suspension of enforcement of possession orders

Ratio Decidendi

Applications refused because none of the defendants demonstrated a reasonable prospect of success on appeal or other grounds warranting leave or variation of interim costs; costs were ordered to follow the event as per the rules; applications for stays of enforcement were refused given lack of arguable appeals and potential prejudice to the redevelopment and other tenants, subject to plaintiff's undertaking to delay enforcement until 1 February 2026 in lieu of a stay.

Court Disposition

All applications by the defendants refused; costs ordered in favour of plaintiff; limited undertaking accepted delaying enforcement until 1 February 2026

Orders

  • DCCJ 5505: leave to appeal refused; application to vary interim costs order refused; defendant to pay plaintiff's costs to follow the event.
  • DCCJ 5507: leave to appeal refused; application to vary interim costs order refused; defendant to pay plaintiff's costs to follow the event.