WU YIM CHUNG v. LO WAI CHING AND ANOTHER

WU YIM CHUNG v. LO WAI CHING AND ANOTHER

The judge found the applicant failed to prove the requisite animus possidendi and continuity of possession for adverse possession; therefore the applicant did not demonstrate a reasonable prospect of success on appeal and leave to appeal was dismissed.

Citation
[2019] HKDC 1399
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 October 2019
Case Number
DCCJ4434/2013
Procedural Posture
Civil Property (adverse Possession) / Leave to Appeal / Decision on Summons for Leave to Appeal (application Dismissed)
Outcome
Summons for leave to appeal dismissed
Legal Topics
Adverse Possession, Leave to Appeal, Limitation
Source Language
EN
Property Land Law Civil Procedure Adverse Possession Leave to Appeal Limitation

Case Brief

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 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Procedural Posture

Civil Property (adverse Possession) / Leave to Appeal / Decision on Summons for Leave to Appeal (application Dismissed)

Legal Issues

  1. 1 Whether the judge applied the correct legal test for adverse possession (animus possidendi and factual possession)
  2. 2 Whether the judge misassessed or ignored material evidence including expert evidence and prior ownership
  3. 3 Whether the applicant demonstrated a reasonable prospect of success for leave to appeal

Ratio Decidendi

The judge found the applicant failed to prove the requisite animus possidendi and continuity of possession for adverse possession; therefore the applicant did not demonstrate a reasonable prospect of success on appeal and leave to appeal was dismissed.

Court Disposition

Summons for leave to appeal dismissed

Orders

  • Summons for leave to appeal dismissed with costs to the defendants, to be taxed if not agreed