CHEUNG KWAN YIN AND ANOTHER v. CHAN YUK KUEN

CHEUNG KWAN YIN AND ANOTHER v. CHAN YUK KUEN

On the pleadings alone the plaintiffs established continuous factual possession and intention to possess Lot No 1609 for the required period and service of proceedings on the defendant was effective; accordingly the court in exercise of its discretion and pursuant to default judgment procedures granted declaratory...

Source-derived case information.

Citation
CHEUNG KWAN YIN AND ANOTHER v. CHAN YUK KUEN
Parties
Plaintiff: 1st plaintiff; Plaintiff: 2nd plaintiff; Defendant: defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 April 2017
Case Number
DCCJ1489/2016
Procedural Posture
Civil Declaration and Possessory Title (adverse Possession) / Application for Default Judgment (order 13 R 6 and Order 19 R 7)
Outcome
Default judgment entered for plaintiffs; declarations granted that plaintiffs have possessory title to Lot No 1609 and that defendant's title to the Lot was extinguished prior to commencement of action under section 17 of the Limitation Ordinance; no order as to costs subject to taxation of plaintiffs' own costs...
Legal Topics
Adverse Possession, Possessory Title, Declaratory Judgment, Default Judgment, Service of Process
Source Language
en
Property Law Civil Procedure Limitation Law Adverse Possession Possessory Title Declaratory Judgment Default Judgment Service of Process

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

1st plaintiff

Plaintiff

2nd plaintiff

Plaintiff

defendant

Defendant

Procedural Posture

Civil Declaration and Possessory Title (adverse Possession) / Application for Default Judgment (order 13 R 6 and Order 19 R 7)

Legal Issues

  1. 1 Whether court should grant declaratory judgment in default without trial
  2. 2 Whether plaintiffs established adverse possession sufficient to acquire possessory title
  3. 3 Whether defendant's title is extinguished under s17 Limitation Ordinance

Ratio Decidendi

On the pleadings alone the plaintiffs established continuous factual possession and intention to possess Lot No 1609 for the required period and service of proceedings on the defendant was effective; accordingly the court in exercise of its discretion and pursuant to default judgment procedures granted declaratory relief that plaintiffs acquired possessory title and that the defendant's title was extinguished under section 17 of the Limitation Ordinance.

Court Disposition

Default judgment entered for plaintiffs; declarations granted that plaintiffs have possessory title to Lot No 1609 and that defendant's title to the Lot was extinguished prior to commencement of action under section 17 of the Limitation Ordinance; no order as to costs subject to taxation of plaintiffs' own costs...

Orders

  • Declaration that plaintiffs have acquired possessory title of Lot No 1609 in Demarcation District 3 of Tung Chung, Lantau Island, New Territories, Hong Kong
  • Declaration that the defendant's title to the Lot has been extinguished prior to commencement of this action by virtue of section 17 of the Limitation Ordinance (Cap 347)