22 Aug 2018
FELAN INVESTMENT LTD v. SARWIN INDUSTRIES LTD AND ANOTHER
- Citation
- [2018] HKLdT 66
- Court
- Lands Tribunal
- Case number
- LDBM7/2015
Leave to appeal was denied because R1 failed to show a reasonable prospect of success: the contemporaneous documents and witness statements demonstrated R1's deliberate non‑admission and uncooperative conduct which justified adverse costs; the Tribunal's factual assessment that nuisance/annoyance under the restrictive covenant was established was open on the evidence; and R1 was not a prevailing party on the main issues, so no reasonable appellate intervention was shown.