CHEUNG CHUI KWAN EVENT v. HEBEI INVESTMENT LTD AND ANOTHER

CHEUNG CHUI KWAN EVENT v. HEBEI INVESTMENT LTD AND ANOTHER

The court found it was not too late for Cheung's claim to be litigated; she was entitled to be joined as a party to the earlier possession proceedings and to a stay of execution of the writ of possession pending determination of her fresh action; Yu Fung's strike‑out application was dismissed because Cheung's claim could not be summarily treated as abusive or hopeless on the materials before the court.

Citation
CHEUNG CHUI KWAN EVENT v. HEBEI INVESTMENT LTD AND ANOTHER
Parties
Plaintiff in HCMP 1084/2008; 2nd Defendant in HCA 3104/2015: Yu Fung Company Limited; 1st Defendant in HCMP 1084/2008: Olympic City Properties Limited; 2nd Defendant in HCMP 1084/2008: Lai Ming Tak Tommy Alexander; Interested Party in HCMP 1084/2008; Plaintiff in HCA 3104/2015: Cheung Chui Kwan Event; 1st Defendant in HCA 3104/2015: Hebei Investment Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 March 2017
Case Number
HCA3104/2015
Procedural Posture
Possession Enforcement and Adverse Possession Claim / Interlocutory (applications for Joinder, Stay and Striking Out)
Outcome
Application to join Cheung as party granted; stay of execution of the writ of possession granted; Yu Fung's application to strike out and dismiss HCA 3104/2015 dismissed; costs ordered against Yu Fung with limited qualification.
Legal Topics
Adverse Possession, Joinder and Intervention, Abuse of Process, Stay of Execution, Limitation
Source Language
EN
Property Civil Procedure Land Law Equity Adverse Possession Joinder and Intervention Abuse of Process Stay of Execution +1 more

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Parties

Yu Fung Company Limited

Plaintiff in HCMP 1084/2008; 2nd Defendant in HCA 3104/2015

Olympic City Properties Limited

1st Defendant in HCMP 1084/2008

Lai Ming Tak Tommy Alexander

2nd Defendant in HCMP 1084/2008

Cheung Chui Kwan Event

Interested Party in HCMP 1084/2008; Plaintiff in HCA 3104/2015

Hebei Investment Limited

1st Defendant in HCA 3104/2015

Procedural Posture

Possession Enforcement and Adverse Possession Claim / Interlocutory (applications for Joinder, Stay and Striking Out)

Legal Issues

  1. 1 Whether Cheung’s claim to occupy the flat is time‑barred or an abuse of process given earlier proceedings
  2. 2 Whether Cheung’s claim meets any threshold of arguability to be litigated
  3. 3 In which proceedings (existing possession action or fresh action) Cheung’s claim should properly be tried

Ratio Decidendi

The court found it was not too late for Cheung's claim to be litigated; she was entitled to be joined as a party to the earlier possession proceedings and to a stay of execution of the writ of possession pending determination of her fresh action; Yu Fung's strike‑out application was dismissed because Cheung's claim could not be summarily treated as abusive or hopeless on the materials before the court.

Court Disposition

Application to join Cheung as party granted; stay of execution of the writ of possession granted; Yu Fung's application to strike out and dismiss HCA 3104/2015 dismissed; costs ordered against Yu Fung with limited qualification.

Orders

  • Cheung to be joined as a party to HCMP 1084/2008.
  • Execution of the writ of possession in HCMP 1084/2008 stayed until determination of Cheung's claim in HCA 3104/2015 or further order.