ZERO FINANCE HONG KONG LTD (formerly known as AEASY CREDIT HONG KONG LTD) 對 LAU CHI HUNG及另一人

ZERO FINANCE HONG KONG LTD (formerly known as AEASY CREDIT HONG KONG LTD) 對 LAU CHI HUNG及另一人

Leave to appeal was refused because the applicant failed to demonstrate a reasonable prospect of success or any other compelling reason: she merely repeated trial arguments without identifying errors in the trial judge's factual findings or legal reasoning; the trial judge lawfully found the first defendant held a...

Source-derived case information.

Citation
[2024] HKDC 1402
Parties
Plaintiff: ZERO FINANCE HONG KONG LIMITED (formerly known as AEASY CREDIT HONG KONG LIMITED); First Defendant: LAU CHI HUNG; Second Defendant: CHEUNG WAI CHING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 September 2024
Case Number
DCMP1162/2018
Procedural Posture
Mortgage Enforcement / Miscellaneous Civil (dcmp) / Leave to Appeal Application (application for Permission to Appeal Refused)
Outcome
Leave to appeal refused; summons for leave to appeal dismissed; costs awarded to plaintiff.
Legal Topics
Sale of Mortgaged Property, Leave to Appeal, Division of Beneficial Interests, Costs
Source Language
ch
Property Law Mortgage Law Civil Procedure Appeals Sale of Mortgaged Property Leave to Appeal Division of Beneficial Interests Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

ZERO FINANCE HONG KONG LIMITED (formerly known as AEASY CREDIT HONG KONG LIMITED)

Plaintiff

LAU CHI HUNG

First Defendant

CHEUNG WAI CHING

Second Defendant

Procedural Posture

Mortgage Enforcement / Miscellaneous Civil (dcmp) / Leave to Appeal Application (application for Permission to Appeal Refused)

  1. 1 Whether leave to appeal should be granted under District Court Ordinance s63A(2)
  2. 2 Whether the second defendant holds the entire beneficial interest in the property
  3. 3 Whether the trial judge's factual findings were plainly wrong to justify appellate intervention

Ratio Decidendi

Leave to appeal was refused because the applicant failed to demonstrate a reasonable prospect of success or any other compelling reason: she merely repeated trial arguments without identifying errors in the trial judge's factual findings or legal reasoning; the trial judge lawfully found the first defendant held a 50% beneficial interest and the sale order only affected that share.

Court Disposition

Leave to appeal refused; summons for leave to appeal dismissed; costs awarded to plaintiff.

Orders

  • The summons filed by the second defendant seeking leave to appeal is dismissed and struck out.
  • The second defendant must pay the plaintiff's costs of the leave application.