晨曦樓業主立案法團 對 唐偉德

晨曦樓業主立案法團 對 唐偉德

The defendant's application for permission to appeal was dismissed because the defendant did not establish that any timely appeal or proper request for a judgment was made before 27 Sep 2017 and offered no explanation for the delay; the consent order entered on 1 Aug 2017 was binding and its terms were enforceable,...

Source-derived case information.

Citation
晨曦樓業主立案法團 對 唐偉德
Parties
Plaintiff: THE INCORPORATED OWNERS OF MORNING RAY MANSION (晨曦樓業主立案法團); Defendant: TONG WAI TAK (唐偉德)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 October 2017
Case Number
DCMP2536/2016
Procedural Posture
Civil Enforcement and Possession; Variation of Consent Order; Application for Permission to Appeal / Post‑judgment Applications (application for Extension of Time to Seek Leave to Appeal; Application to Vary/execute Consent Order)
Outcome
Defendant's application for late permission to appeal dismissed; plaintiff's application to vary and enforce the 1 Aug 2017 consent order granted.
Legal Topics
Extension of Time for Permission to Appeal, Variation and Enforcement of Consent Order, Vacant Possession, Summary Assessment of Costs
Source Language
ch
Civil Procedure Appeals Property Law Enforcement Costs Extension of Time for Permission to Appeal Variation and Enforcement of Consent Order Vacant Possession +1 more

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Parties

THE INCORPORATED OWNERS OF MORNING RAY MANSION (晨曦樓業主立案法團)

Plaintiff

TONG WAI TAK (唐偉德)

Defendant

Procedural Posture

Civil Enforcement and Possession; Variation of Consent Order; Application for Permission to Appeal / Post‑judgment Applications (application for Extension of Time to Seek Leave to Appeal; Application to Vary/execute Consent Order)

  1. 1 Whether the defendant's application for permission to appeal was filed within time or had an acceptable explanation for delay
  2. 2 Whether the defendant's correspondence to the court constituted a timely request for a judgment or appeal
  3. 3 Whether the consent order terms (including costs and mechanism for sale and transfer) were enforceable and required compliance by the defendant

Ratio Decidendi

The defendant's application for permission to appeal was dismissed because the defendant did not establish that any timely appeal or proper request for a judgment was made before 27 Sep 2017 and offered no explanation for the delay; the consent order entered on 1 Aug 2017 was binding and its terms were enforceable, so the court granted the plaintiff's variation and enforcement application, ordering delivery of vacant possession and assessing costs against the defendant.

Court Disposition

Defendant's application for late permission to appeal dismissed; plaintiff's application to vary and enforce the 1 Aug 2017 consent order granted.

Orders

  • Defendant's 27 Sep 2017 application for permission to appeal is dismissed.
  • Defendant must pay plaintiff's costs for the application for permission to appeal assessed at HK$15,000.