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Hong Kong decisions
Decisions matching the current search
The court dismissed a request for an interlocutory mandatory injunction to evict the plaintiff and children from the Property, finding a serious issue to be tried and preserving the status quo.
The Lands Tribunal refused leave to appeal against a costs order after a rent arrears claim was withdrawn. It held no error of law was shown and no prospect of success.
The High Court granted summary judgment and Declaration 2, holding the plaintiffs were entitled to re-possess the unresumed land before the 2022 resumption.
The Court of Appeal refused leave to appeal against conviction in a cocaine trafficking case, holding that the trial judge’s summing-up was fair and legally correct.
The Lands Tribunal dismissed a tenant’s review of a possession order, holding that a misnamed notice was a non-prejudicial misnomer, and that unrelated allegations did not defeat recovery of possession and arrears.
The trial judge's factual findings and inferences — based on admission of purchase, the timing and location, the quantity and retail packaging of the drugs, their accessibility in the vehicle and the applicant's conduct — were reasonable and sufficiently support the sole inference of possession for trafficking; there was no error warranting appellate intervention, therefore leave to appeal against conviction is refused.
Source excerpt
On review, the Tribunal upheld the mesne profits assessment based on the Last IO Tenancy Agreement, but varied the order to require duplicate gate keys for Staircase Spaces 6 and 10.
The District Court held that the Plaintiffs had been in adverse possession of Lot 807 for the requisite period and declared the Defendant’s title extinguished.
The Lands Tribunal dismissed a review and stay application, upheld possession and rent orders, and held that alleged landlord breaches did not justify withholding rent or counterclaims in this proceeding.
The Court of First Instance varied a costs order nisi to award indemnity costs, finding the plaintiffs’ case was based on knowingly fabricated agreements and amounted to an abuse of process.
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