鄧志業 對 姚賽清

鄧志業 對 姚賽清

Because the applicants' delay in seeking leave to appeal was substantial and unexplained and because the proposed appeals had no real prospect of success on the legal points raised (tenancy by estoppel, lack of evidential support for boundary/title claims, and inapplicability of the respondents' legal arguments),...

Source-derived case information.

Citation
[2022] HKLdT 4
Parties
Applicant: TNAG CHI YIP (鄧志業); Respondent: YAO SAI CHING (姚賽清); Respondent: CHAN YU KUEN (陳汝權)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
11 January 2022
Case Number
LDPD952/2021
Procedural Posture
Leave to Appeal (out‑of‑time) From Land Tribunal Possession/rent Judgment / Post‑judgment Application for Extension of Time/permission to Appeal and Stay of Execution
Outcome
Application for out‑of‑time leave to appeal refused.
Legal Topics
Leave to Appeal, Out of Time Application, Tenancy by Estoppel, Possession Order, New Territories Instruments, Costs
Source Language
ch
Landlord and Tenant Property Law Civil Procedure Administrative/land Registration Leave to Appeal Out of Time Application Tenancy by Estoppel Possession Order +2 more

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Parties

TNAG CHI YIP (鄧志業)

Applicant

YAO SAI CHING (姚賽清)

Respondent

CHAN YU KUEN (陳汝權)

Respondent

Procedural Posture

Leave to Appeal (out‑of‑time) From Land Tribunal Possession/rent Judgment / Post‑judgment Application for Extension of Time/permission to Appeal and Stay of Execution

  1. 1 Whether to grant extension of time/leave to appeal given serious and unexplained delay
  2. 2 Whether the proposed appeals have a real prospect of success
  3. 3 Whether tenants can deny landlord's title (tenancy by estoppel)

Ratio Decidendi

Because the applicants' delay in seeking leave to appeal was substantial and unexplained and because the proposed appeals had no real prospect of success on the legal points raised (tenancy by estoppel, lack of evidential support for boundary/title claims, and inapplicability of the respondents' legal arguments), the Tribunal refused out‑of‑time leave to appeal and awarded costs to the applicant.

Court Disposition

Application for out‑of‑time leave to appeal refused.

Orders

  • Out‑of‑time application for leave to appeal refused.
  • Each respondent ordered to pay applicant's costs of this application, assessed at HK$5,000 each.