YU FUNG CO LTD v. OLYMPIC CITY PROPERTIES LTD AND ANOTHER

YU FUNG CO LTD v. OLYMPIC CITY PROPERTIES LTD AND ANOTHER

The application is dismissed because Madam Cheung was not a party to the original proceedings and forcing her to join those proceedings would likely result in defeat of her adverse possession claim by operation of the relation back principle; accordingly the intended appeal is not reasonably arguable.

Citation
YU FUNG CO LTD v. OLYMPIC CITY PROPERTIES LTD AND ANOTHER
Parties
Plaintiff (hcmp 1084/2008); 2nd Defendant (hca 3104/2015): YU FUNG COMPANY LIMITED; 1st Defendant (hcmp 1084/2008): OLYMPIC CITY PROPERTIES LIMITED; 2nd Defendant (hcmp 1084/2008): LAI MING TAK TOMMY ALEXANDER; Interested Party (hcmp 1084/2008); Plaintiff (hca 3104/2015): EVENT CHEUNG CHUI KWAN; Plaintiff (hca 3104/2015): CHEUNG CHUI KWAN EVENT; 1st Defendant (hca 3104/2015): HEBEI INVESTMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 June 2017
Case Number
HCMP1084/2008
Procedural Posture
Civil Application Concerning Leave to Pursue an Appeal in Property/adverse Possession Proceedings / Decision on Application to Bring Intended Appeal (application Dismissed)
Outcome
Application dismissed
Legal Topics
Adverse Possession, Relation Back Principle, Joinder, Distinguishing Precedent, Leave to Appeal
Source Language
EN
Property Law Civil Procedure Land Law Appeal/leave to Appeal Adverse Possession Relation Back Principle Joinder Distinguishing Precedent +1 more

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Parties

YU FUNG COMPANY LIMITED

Plaintiff (hcmp 1084/2008); 2nd Defendant (hca 3104/2015)

OLYMPIC CITY PROPERTIES LIMITED

1st Defendant (hcmp 1084/2008)

LAI MING TAK TOMMY ALEXANDER

2nd Defendant (hcmp 1084/2008)

EVENT CHEUNG CHUI KWAN

Interested Party (hcmp 1084/2008); Plaintiff (hca 3104/2015)

CHEUNG CHUI KWAN EVENT

Plaintiff (hca 3104/2015)

HEBEI INVESTMENT LIMITED

1st Defendant (hca 3104/2015)

Procedural Posture

Civil Application Concerning Leave to Pursue an Appeal in Property/adverse Possession Proceedings / Decision on Application to Bring Intended Appeal (application Dismissed)

Legal Issues

  1. 1 Whether the interested party (Madam Cheung) must ventilate her adverse possession claim under the original proceedings or may start fresh proceedings
  2. 2 Whether forcing joinder would defeat an adverse possession claim by virtue of the relation back principle
  3. 3 Whether the Deputy High Court Judge erred in distinguishing Chan Kwok Chu v Gotland Enterprises Ltd

Ratio Decidendi

The application is dismissed because Madam Cheung was not a party to the original proceedings and forcing her to join those proceedings would likely result in defeat of her adverse possession claim by operation of the relation back principle; accordingly the intended appeal is not reasonably arguable.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Costs awarded to Madam Cheung (Interested Party)