NGAI PAK HANG v. LEE DAN

NGAI PAK HANG v. LEE DAN

Leave to appeal was refused because the trial judge's adverse credibility and factual findings were supported by compelling and carefully analysed evidence such that there was no proper basis to interfere on appeal and the defendant did not satisfy the statutory threshold in s63A(2) of the District Court Ordinance.

Citation
NGAI PAK HANG v. LEE DAN
Parties
Plaintiff/respondent: Plaintiff; Defendant/applicant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 July 2014
Case Number
HCMP1358/2014
Procedural Posture
Civil Property Dispute (vacant Possession/resulting Trust) / Application for Leave to Appeal to Court of Appeal After Trial (leave Refused)
Outcome
Summons for leave to appeal dismissed; leave to appeal refused; order nisi for costs made against defendant
Legal Topics
Vacant Possession, Resulting Trust, Leave to Appeal, Findings of Fact on Appeal, Costs
Source Language
EN
Property Trust Civil Procedure Appeal Vacant Possession Resulting Trust Leave to Appeal Findings of Fact on Appeal +1 more

Case Brief

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Parties

Plaintiff

Plaintiff/respondent

Defendant

Defendant/applicant

Procedural Posture

Civil Property Dispute (vacant Possession/resulting Trust) / Application for Leave to Appeal to Court of Appeal After Trial (leave Refused)

Legal Issues

  1. 1 Whether the defendant paid RMB 800,000 for the property and is entitled to a resulting trust and transfer
  2. 2 Whether the trial judge's adverse findings of primary fact against the defendant can be successfully challenged on appeal
  3. 3 Whether the defendant meets the threshold in section 63A(2) of the District Court Ordinance for leave to appeal

Ratio Decidendi

Leave to appeal was refused because the trial judge's adverse credibility and factual findings were supported by compelling and carefully analysed evidence such that there was no proper basis to interfere on appeal and the defendant did not satisfy the statutory threshold in s63A(2) of the District Court Ordinance.

Court Disposition

Summons for leave to appeal dismissed; leave to appeal refused; order nisi for costs made against defendant

Orders

  • Dismissal of defendant's summons for leave to appeal dated 5 June 2014
  • Order nisi that the defendant pay the plaintiff's costs of this application assessed summarily on a gross sum basis at $15,000 HKD