ROYAL MORTGAGE LTD v. BLISSFUL YEAR LTD AND OTHERS

ROYAL MORTGAGE LTD v. BLISSFUL YEAR LTD AND OTHERS

On the pleadings, uncontradicted averments established adverse possession since about the 1970s so any cause of action by Blissful to recover the claimed portions is time‑barred under the Limitation Ordinance and Blissful’s title to those portions is extinguished; accordingly judgment in default is entered for Yu and Chow against Blissful on their counterclaims and declarations are granted that each has, as against Blissful, sole and exclusive physical occupation of their respective hatched areas and holds a good possessory title thereto; costs awarded against Blissful to Yu and Chow; no costs ordered for or against Royal.

Citation
ROYAL MORTGAGE LTD v. BLISSFUL YEAR LTD AND OTHERS
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): Royal Mortgage Limited; 1st Defendant (original Action); 2nd Defendant (counterclaim): Blissful Year Limited; 2nd Defendant (original Action); 1st Plaintiff (counterclaim): Yu Po Yuk; 3rd Defendant (original Action); 2nd Plaintiff (counterclaim): Chow Yuet Ho
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 September 2017
Case Number
HCA302/2013
Procedural Posture
Mortgage Recovery Action With Counterclaims for Adverse Possession and Declaratory Relief / Chambers Hearing for Judgment in Default and Declaratory Reliefs Following Counterclaims (post Default Judgment and Writ of Possession)
Outcome
Applications by Yu Po Yuk and Chow Yuet Ho granted against Blissful Year Limited in default; declaratory reliefs granted with amendment to wording; costs awarded as set out
Legal Topics
Adverse Possession, Judgment in Default, Declaratory Relief, Costs
Source Language
EN
Property Civil Procedure Limitation Law Equity Adverse Possession Judgment in Default Declaratory Relief Costs

Case Brief

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Parties

Royal Mortgage Limited

Plaintiff (original Action); 1st Defendant (counterclaim)

Blissful Year Limited

1st Defendant (original Action); 2nd Defendant (counterclaim)

Yu Po Yuk

2nd Defendant (original Action); 1st Plaintiff (counterclaim)

Chow Yuet Ho

3rd Defendant (original Action); 2nd Plaintiff (counterclaim)

Procedural Posture

Mortgage Recovery Action With Counterclaims for Adverse Possession and Declaratory Relief / Chambers Hearing for Judgment in Default and Declaratory Reliefs Following Counterclaims (post Default Judgment and Writ of Possession)

Legal Issues

  1. 1 Whether judgment in default on the counterclaims should be entered against Blissful Year Limited
  2. 2 Whether Blissful’s title to the claimed portions was extinguished by limitation/adverse possession
  3. 3 Whether declaratory reliefs can be granted on judgment in default

Ratio Decidendi

On the pleadings, uncontradicted averments established adverse possession since about the 1970s so any cause of action by Blissful to recover the claimed portions is time‑barred under the Limitation Ordinance and Blissful’s title to those portions is extinguished; accordingly judgment in default is entered for Yu and Chow against Blissful on their counterclaims and declarations are granted that each has, as against Blissful, sole and exclusive physical occupation of their respective hatched areas and holds a good possessory title thereto; costs awarded against Blissful to Yu and Chow; no costs ordered for or against Royal.

Court Disposition

Applications by Yu Po Yuk and Chow Yuet Ho granted against Blissful Year Limited in default; declaratory reliefs granted with amendment to wording; costs awarded as set out

Orders

  • Judgment entered in favour of Yu Po Yuk and against Blissful Year Limited on Yu’s counterclaim in default of defence
  • Judgment entered in favour of Chow Yuet Ho and against Blissful Year Limited on Chow’s counterclaim in default of defence