Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Summary judgment and striking out
  • 29 Nov 2024

    鄧錦祥 對 SOURCE VIEW DEVELOPMENT LTD

    Citation
    [2024] HKCA 1112
    Court
    Court of Appeal
    Case number
    CACV463/2022

    The appellant's challenges were repetitive, raised points previously considered and rejected by lower judges, and did not identify any legal error or reasonable prospect of success; the 2009 transfer was valid under the Probate and Trustee statutes; leave was required and not obtained for costs‑only appeals; no error in exercise of discretion on costs was shown. Therefore all appeals and leave applications are dismissed and the appellant must pay assessed costs of HKD110,000 to Source View.

    • Leave to appeal against costs orders
    • Validity of transfer by estate administrator
    • Statutory formality requirements for property transactions
    • Abuse of process
    • Summary judgment and striking out
    • Injunctions