香港平民屋宇有限公司 對 甄國業

香港平民屋宇有限公司 對 甄國業

All applications were dismissed because applicants failed to demonstrate a reasonable prospect of success on appeal or any other compelling reason; the general rule that costs follow the event was applied and interim costs orders were not varied or stayed; the application for stay of possession was refused subject...

Source-derived case information.

Citation
[2026] HKDC 29
Parties
Plaintiff: the hong kong settlers housing corporation limited; Defendant: YAN KWOK YIP; Defendant: CHO CHEUK CHEE AMY; Defendant: KWAN WAI KIN; Defendant: TAM WAI LAN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 January 2026
Case Number
DCCJ5505/2023
Procedural Posture
Civil Possession/recovery of Possession / Post Judgment Applications (leave to Appeal, Stay and Costs Variation)
Outcome
All defendants' applications for leave to appeal, variation of interim costs orders and stays of execution were refused.
Legal Topics
Leave to Appeal, Stay of Execution, Costs Follow the Event, Variation of Interim Costs Order, Estoppel and Historical Government Undertakings, Resettlement Regulations
Source Language
ch
Civil Procedure Landlord and Tenant Property Law Costs Appeal Statutory Interpretation Leave to Appeal Stay of Execution +4 more

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Parties

the hong kong settlers housing corporation limited

Plaintiff

YAN KWOK YIP

Defendant

CHO CHEUK CHEE AMY

Defendant

KWAN WAI KIN

Defendant

TAM WAI LAN

Defendant

Procedural Posture

Civil Possession/recovery of Possession / Post Judgment Applications (leave to Appeal, Stay and Costs Variation)

  1. 1 Whether leave to appeal should be granted (requirement of reasonable prospect of success)
  2. 2 Whether the interim costs order should be varied or stayed
  3. 3 Whether execution of possession order should be stayed pending appeal

Ratio Decidendi

All applications were dismissed because applicants failed to demonstrate a reasonable prospect of success on appeal or any other compelling reason; the general rule that costs follow the event was applied and interim costs orders were not varied or stayed; the application for stay of possession was refused subject to plaintiff's undertaking not to enforce possession before 1 February 2026; costs were ordered against defendants with senior counsel certificates limited to DCCJ 5509 and DCCJ 5582.

Court Disposition

All defendants' applications for leave to appeal, variation of interim costs orders and stays of execution were refused.

Orders

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