31 Dec 2020
KEE CHAN HING v. LEUNG FUK CHUEN AND OTHERS
- Citation
- [2020] HKDC 1256
- Court
- District Court
- Case number
- DCCJ4959/2014
The summons for leave to appeal was dismissed because the proposed grounds were misconceived and had no reasonable prospect of success: the Parcel Clause and the graphical depiction in the 1992 Assignment unambiguously defined the pink portion, the plaintiff's attempt to rely on stated area or extrinsic materials failed as a matter of construction and fact, the appeal amounted to re-arguing findings of fact, and the applicant's delay and lack of preparation were self‑inflicted; costs were awarded on an indemnity basis given the unmeritorious nature of the application.