10 Dec 2019
MAK KAM CHIU v. 富明閣業主立案法團
- Citation
- [2019] HKCA 1373
- Court
- Court of Appeal
- Case number
- CAMP196/2019
The SCT adjudicator decided as part of the reasons for dismissing the applicant's counterclaim that the assignment plan only showed location and did not specify dimensions, thereby adjudicating the delineation issue; issue estoppel therefore bars the Lands Tribunal claim and, independently, the claim constituted a Henderson v Henderson type abuse by seeking to re-litigate and to rely on evidence that could have been adduced earlier; accordingly leave to appeal was refused and costs awarded.