Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 58(4) conveyancing and property ordinance

Legal area

Court

2 Apr 2004

PONENTE CO LTD v. MANSTER LTD AND OTHERS

Citation

PONENTE CO LTD v. MANSTER LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2840/2003

No arguable grounds of appeal existed and the applicants had not made a proper Section 58(4) application and, on the indisputable facts (longstanding non-payment, inability or unwillingness to pay arrears, lack of financial evidence), any Section 58(4) relief would be inequitable and futile; accordingly stay and extension were refused.
8 Nov 2001

AMBRIDGE INVESTMENTS LTD. v. LEXON INVESTMENT LTD. AND ANOTHER

Citation

AMBRIDGE INVESTMENTS LTD. v. LEXON INVESTMENT LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA9743/2000

The interim injunction application was dismissed because the 2nd defendant was not entitled to invoke section 21F(3) after the possession order was made, failed to present sufficient material to establish a serious question of entitlement under section 58(4) (notably lack of evidence of financial ability), and the balance of convenience favoured the plaintiff as the 2nd defendant was a trespasser.