Read the full judgment text of CACV 595/2018 on BabelCite. This Court of Appeal judgment was delivered on 26 June 2020 before Hon Cheung JA, Chu JA, Lisa Wong J.
Civil procedure – leave to appeal to Court of Final Appeal – great general or public importance – easement by lost modern grant – adverse possession – non-derogation of grant – bare licensee – continuous user – factual possession – intention to possess – threshold requirement – 'or otherwise' ground – costs – The plaintiff applied for leave to appeal against the Court of Appeal's dismissal of its claims for prescriptive easements and adverse possession. The court held that none of the seven proposed questions engaged the threshold requirement of great general or public importance, as they were either academic, fact-specific, or not properly raised below. The 'or otherwise' ground was not particularised. The application was dismissed with costs summarily assessed at $150,000.
Legal issues: Leave to appeal to Court of Final Appeal
Outcome: Application for leave to appeal to the Court of Final Appeal dismissed.
Cited by 3 cases · Cites 1 case