LAM YUET YAU AND OTHERS v. 鄧慧妹

LAM YUET YAU AND OTHERS v. 鄧慧妹

The court dismissed the Plaintiffs' summary judgment application because the Defendant has demonstrated a real and bona fide defence of adverse possession by adducing evidence of physical possession and animus possidendi sufficient to raise triable issues; accordingly the Defendant was granted leave to defend and to amend her Defence to file a Counterclaim.

Citation
LAM YUET YAU AND OTHERS v. 鄧慧妹
Parties
Plaintiff: 1st to 5th Plaintiffs; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 October 2010
Case Number
DCCJ323/2010
Procedural Posture
Landlord and Tenant / Possession (civil) / Summary Judgment Hearing; Application for Leave to Amend Defence and File Counterclaim
Outcome
Plaintiffs' application for summary judgment dismissed; Defendant granted leave to amend Defence and to file and serve a Counterclaim.
Legal Topics
Summary Judgment, Adverse Possession, Vacant Possession, Mesne Profits, Leave to Amend Defence, Counterclaim
Source Language
EN
Property Landlord and Tenant Civil Procedure Adverse Possession Summary Judgment Vacant Possession Mesne Profits Leave to Amend Defence +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

1st to 5th Plaintiffs

Plaintiff

Defendant

Defendant

Procedural Posture

Landlord and Tenant / Possession (civil) / Summary Judgment Hearing; Application for Leave to Amend Defence and File Counterclaim

Legal Issues

  1. 1 Whether summary judgment is appropriate
  2. 2 Whether the Defendant has a real and bona fide defence of adverse possession
  3. 3 Whether the tenancy agreements relied on by the Plaintiffs are valid

Ratio Decidendi

The court dismissed the Plaintiffs' summary judgment application because the Defendant has demonstrated a real and bona fide defence of adverse possession by adducing evidence of physical possession and animus possidendi sufficient to raise triable issues; accordingly the Defendant was granted leave to defend and to amend her Defence to file a Counterclaim.

Court Disposition

Plaintiffs' application for summary judgment dismissed; Defendant granted leave to amend Defence and to file and serve a Counterclaim.

Orders

  • Dismissal of Plaintiffs' application for summary judgment with leave for Defendant to defend.
  • Costs of the summary judgment application to be in the cause with Certificates to Counsel.