9 Jan 2020
ELIAS NEIL DAVID AND ANOTHER v. CHENG SUI CHU AND OTHERS
- Citation
- [2020] HKCA 31
- Court
- Court of Appeal
- Case number
- CAMP174/2019
The Court refused leave because the defendants' grounds lacked a reasonable prospect of success: the trial judge's factual findings (on termination of the Head Lease, the unpleaded notice to quit, the identification of excreta and nuisance acts) were supported by evidence and not plainly wrong, the complained points were either unpleaded or properly considered, and the quantum of damages was within the judge's discretion; accordingly no appeal should be heard and costs were awarded against the applicants.