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Hong Kong decisions
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The Court of Appeal refused leave to appeal in a child custody dispute, holding the proposed grounds only reargued factual findings and showed no reasonable prospect of success.
Extension of time was refused because the delay was substantial, the applicant's reasons for delay were inadequate, and the proposed appeal had no real prospect of success as it failed to identify any legal or principled error by the trial judge and relied on matters irrelevant to the judgment; costs were awarded to respondent in the sum of HKD 60,000.
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The court dismissed an application to extend time to appeal, holding that although the delay was short, the applicant showed no arguable grounds of appeal.
Leave to appeal was refused because the proposed appeal had no reasonable prospect of success and no other reason favouring a hearing was shown; the respondent's alleged oral renewal was not enforceable against the bona fide purchaser because it was not in writing or registered; the respondent's failure to adduce the WeChat evidence at the original hearing did not satisfy the Ladd v Marshall test; the respondent is bound by the signed lease; no stay was granted; costs of the leave application were awarded to the applicant assessed at HK$10,000.
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The application for leave to appeal was dismissed because the respondent failed to show the proposed appeal had a reasonable prospect of success or any other reason warranting a hearing under s63A(2); the trial judge's factual findings—particularly the authenticity of the recordings and the adverse credibility assessment of the respondent—were supported by evidence and not shown to be manifestly wrong, and there was no legal obligation on the Equality Commission or counsel to independently verify the recordings.
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The court refused leave to appeal and stay of execution in a family case about defined access, holding there was no reasonable prospect of success.
The court refused leave to appeal in a child maintenance variation matter, finding no reasonable prospect of success and no other reason in the interests of justice.
Leave to appeal was dismissed in a high-conflict child access dispute, with the court holding the challenged order was case management and no arguable ground was shown.
The Lands Tribunal refused leave to appeal in a land resumption valuation dispute, holding neither side showed an appeal with reasonable prospects of success.
The Court of Appeal refused leave to appeal in a child maintenance dispute, holding the proposed grounds only reargued factual findings and showed no reasonable prospect of success.
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