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The Court of Appeal refused leave to appeal on whether one executor may grant a licence to occupy estate property alone, holding the issue was academic and new.
The District Court ordered the plaintiffs to pay the defendant’s costs after they withdrew a summary judgment summons in a family property dispute.
Court rejected an alleged oral collateral agreement over property transfers, upheld Well Dynasty’s possession claim, and dismissed the related declaration and specific performance action.
The Court of First Instance found no oral collateral agreement, rejected part performance and estoppel arguments, terminated any licence to occupy, and granted Well Dynasty vacant possession.
The Court of Appeal dismissed appeals over estate property occupation, adverse possession claims, new evidence, and amendments, and affirmed sale with vacant possession.
The Court of Appeal refused leave to appeal from an order for vacant possession, holding the defendant had no basis to stay on the property after expiry of the licence and non-completion.
兩造爭議工業物業的佔用權、所謂口頭售賣協議及佔用許可；法院認為雙方都未能證明其主張，最終駁回原告申索及反申索。
The Court of Final Appeal dismissed an application for leave to appeal with costs, holding the proposed issues were fact-sensitive and lacked sufficient public importance.
The court upheld the registrar's order setting aside the default judgment because on a provisional assessment at rehearing the first defendant produced cogent documentary evidence (notably a rent receipt signed by Ng Wai Hung, matching a registered owner's name) which gives the defence a realistic prospect of success; the plaintiff's attacks on the evidential weight of the documents did not justify refusing relief at this interlocutory stage. Accordingly the plaintiff's appeal was dismissed and the registrar's order maintained, with a provisional costs order in favour of the first defendant.
Source excerpt
The Court upheld summary judgment against the 1st Defendant, but allowed the 2nd Defendant to defend a possession claim on an arguable proprietary estoppel case.
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