6 Feb 2026
HUI WING SZE v. CHIU KA KEUNG
- Citation
- [2026] HKCA 198
- Court
- Court of Appeal
- Case number
- CAMP10/2025
The Court refused leave because the trial judge's factual findings that the defendant had factual possession and the requisite intention were open on the evidence and not plainly wrong, the plaintiff failed to discharge the evidential burden to show the Licence covered the Trespassed Area, the DMC damages claim had been conceded to stand or fall with adverse possession and could not fairly be withdrawn after trial, and no arguable legal point (including the Limitation Ordinance s9(1) argument) was properly raised below; therefore the intended appeal had no reasonable prospect of success.