NUMERIC CITY LTD v. LAU CHI WING

NUMERIC CITY LTD v. LAU CHI WING

The court held the Statement of Claim should not be struck out on the evidence before it because the pleaded case, while weak and dubious, was not obviously unsustainable and factual disputes could not be resolved summarily; leave was granted to amend the claim to plead proprietary estoppel, the writ of possession was stayed with liberty to restore, and the applicant was permitted to join the pending action to protect her interests, with costs orders as stated.

Citation
NUMERIC CITY LTD v. LAU CHI WING
Parties
Plaintiff (dccj 1347/2013): Shi Ling Yee; Plaintiff (dccj 2647/2012) & Defendant (dccj 1347/2013): Numeric City Limited; Defendant (dccj 2647/2012): Lau Chi Wing
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 July 2013
Case Number
DCCJ2647/2012
Procedural Posture
Civil Land/possession Dispute / Interlocutory Applications (striking Out, Joinder, Stay of Execution)
Outcome
Interlocutory relief granted in part: leave to amend granted; stay of writ; joinder permitted; costs reserved or ordered as specified
Legal Topics
Adverse Possession, Proprietary Estoppel, Striking Out for Being Frivolous/vexatious, Joinder of Parties, Stay of Execution/writ of Possession, Limitation of Actions
Source Language
EN
Property Law Civil Procedure Equity Limitation Law Adverse Possession Proprietary Estoppel Striking Out for Being Frivolous/vexatious Joinder of Parties +2 more

Case Brief

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Parties

Shi Ling Yee

Plaintiff (dccj 1347/2013)

Numeric City Limited

Plaintiff (dccj 2647/2012) & Defendant (dccj 1347/2013)

Lau Chi Wing

Defendant (dccj 2647/2012)

Procedural Posture

Civil Land/possession Dispute / Interlocutory Applications (striking Out, Joinder, Stay of Execution)

Legal Issues

  1. 1 Whether the Statement of Claim disclosed a reasonable cause of action
  2. 2 Whether the claim was scandalous, frivolous, vexatious or an abuse of process warranting strike out
  3. 3 Whether the pleaded facts constituted adverse possession or proprietary estoppel

Ratio Decidendi

The court held the Statement of Claim should not be struck out on the evidence before it because the pleaded case, while weak and dubious, was not obviously unsustainable and factual disputes could not be resolved summarily; leave was granted to amend the claim to plead proprietary estoppel, the writ of possession was stayed with liberty to restore, and the applicant was permitted to join the pending action to protect her interests, with costs orders as stated.

Court Disposition

Interlocutory relief granted in part: leave to amend granted; stay of writ; joinder permitted; costs reserved or ordered as specified

Orders

  • Leave given to the Plaintiff (DCCJ 1347/2013) to file and serve an Amended Statement of Claim within 14 days from the date of the decision
  • Unless the Plaintiff files and serves an Amended Statement of Claim within 14 days the Statement of Claim filed on 18 April 2013 is struck out