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LDBM 199/2020
[2024] HKLdT 69
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
BUILDING MANAGEMENT APPLICATION NO.199 OF 2020
__________________
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BETWEEN
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THE INCORPORATED OWNERS OF GRENVILLE HOUSE
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Applicant
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and
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WONG TAK KEUNG STANLEY
and CLAUDIA CANEPA WONG
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Respondents
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_________________
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Before:
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Deputy District Judge S. H. Lee,
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Presiding Officer of the Lands Tribunal, in Court
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Date of Hearing:
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18 July 2024
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Date of Decision:
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16 August 2024
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_____________________
D E C I S I O N
_____________________
1.
On 14 May 2024, this Tribunal handed down judgment after trial of this application and counterclaim (
the Judgment
)
[1]
. I adopt in this Decision the same expressions and abbreviations in the Judgment.
2.
On IO’s application, I ordered the Couple to pay IO 1) interest on the sum of $220,000 at 1% for each 30 days from 1 May 2020 to 14 December 2021 and 2) collection charge of $150 (§195 of the Judgment).
3.
Moreover, I dismissed the entirety of the counterclaim raised against IO (§196 of the Judgment).
4.
By way of first and second costs orders nisi both on District Court scale, I awarded respectively costs of the application on solicitors and own client basis to IO (§198 of the Judgment) and 50% of the costs of the counterclaim together with certificate for counsel for its trial to IO too (§204 of the Judgment).
5.
None applied to vary my first costs order nisi for IO’s application within 14 days of the Judgment and it became absolute on 29 May 2024.
6.
On 28 May 2024, the Couple applied by summons to vary my second costs order nisi on their counterclaim (
the Variation Summons
).
7.
Before the Variation Summons was heard, by another summons filed on 11 June 2024 (
the Leave Summons
), the Couple sought leave to appeal against the Judgment as per draft Notice of Appeal attached thereto.
8.
On 14 June 2024, after hearing the parties on the Variation Summons, I dismissed the said application and made my second costs order nisi on the counterclaim absolute.
9.
This is my Decision on the Leave Summons.
10.
Mr Bernard Man SC (
Mr Man
) who did not appear at trial, leading Ms Carol Wong who appeared at trial, represented the Couple before me.
11.
Mr Anthony Chan SC (
Mr Chan
), who also did not appear at trial, leading Mr Warren Suen who appeared at trial, represented IO before me.
Discussion
Rules & principles on leave to appeal
12.
Under s.11(2) of Lands Tribunal Ordinance (
LTO
)
[2]
, any party to proceedings before the Tribunal may appeal to the Court of Appeal against a judgment of the Tribunal on the ground that such judgment is
erroneous in point of law
.
13.
S.11AA(1) of the LTO requires leave to be granted by the Tribunal or the Court of Appeal before an appeal under s.11(2) ca
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