元朗安輝樓業主立案法團 對 LI KOON TAI

元朗安輝樓業主立案法團 對 LI KOON TAI

The application for leave to appeal out of time was dismissed because the respondent had exhausted previous leave applications (all dismissed), had not overturned prior judgments so those orders (including costs orders) remain effective, and the respondent failed to show a reasonable prospect of success to justify...

Source-derived case information.

Citation
[2018] HKLdT 54
Parties
Applicant: THE INCORPORATED OWNERS OF YUEN LONG ON FAI BUILDING; Respondent: LI KOON TAI
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
16 July 2018
Case Number
LDBM87/2014
Procedural Posture
Building Management Application (lands Tribunal) / Application for Extension of Time to Appeal / Leave to Appeal Out of Time
Outcome
Respondent's application for extension of time to file an appeal dismissed; permission to appeal refused.
Legal Topics
Leave to Appeal, Extension of Time, Charging Order, Costs Assessment
Source Language
ch
Land Law Building Management Civil Procedure Costs Leave to Appeal Extension of Time Charging Order Costs Assessment

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Parties

THE INCORPORATED OWNERS OF YUEN LONG ON FAI BUILDING

Applicant

LI KOON TAI

Respondent

Procedural Posture

Building Management Application (lands Tribunal) / Application for Extension of Time to Appeal / Leave to Appeal Out of Time

  1. 1 Whether the respondent is entitled to leave to appeal out of time against prior Lands Tribunal and Appeal Court decisions
  2. 2 Whether the absolute charging order remains valid pending any successful challenge to prior costs orders
  3. 3 Whether the respondent demonstrated a reasonable prospect of success to justify extension of time

Ratio Decidendi

The application for leave to appeal out of time was dismissed because the respondent had exhausted previous leave applications (all dismissed), had not overturned prior judgments so those orders (including costs orders) remain effective, and the respondent failed to show a reasonable prospect of success to justify extending time; consequently the absolute charging order founded on the unpaid assessed costs remains valid.

Court Disposition

Respondent's application for extension of time to file an appeal dismissed; permission to appeal refused.

Orders

  • Respondent's application for leave to appeal out of time is dismissed
  • Respondent is ordered to pay the applicant's costs of this application assessed summarily at HKD 9,650