SIU CHIU CHOI v. TENG HUNG PING

SIU CHIU CHOI v. TENG HUNG PING

Leave to appeal dismissed because the applicant has no reasonable prospect of success: the evidence did not establish continuous exclusive possession or the requisite intention to possess for the statutory period (documentary and business evidence absent, fencing occurred in 2011), the Gotland decision is distinguishable, and the limitation regime applies to the pleaded start date circa 1975.

Citation
[2023] HKDC 917
Parties
Plaintiff (dccj 2388/2017): Siu Chiu Choi; Defendant (dccj 2388/2017; 7th Defendant in DCMP 4082/2004): Teng Hung Ping; Plaintiff (dcmp 4082/2004): Luckway Properties Limited; 1st Defendant (dcmp 4082/2004): Liu, Chi Kong; 2nd Defendant (dcmp 4082/2004): Yu, Kam Ho Hillmond; 3rd Defendant (dcmp 4082/2004): Leung, Tak Chuen Perry; 4th Defendant (dcmp 4082/2004): Leung, Kwok Hung; 5th Defendant (dcmp 4082/2004): Viewbest Engineering Limited; 6th Defendant (dcmp 4082/2004): The Occupier and every other persons in occupation of the land known as The Remaining Portion of Section A of Lot No. 2942 in Demarcation District No. 104
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 August 2023
Case Number
DCCJ2388/2017
Procedural Posture
Civil Adverse Possession / Application for Leave to Appeal (leave Hearing in Chambers)
Outcome
Application for leave to appeal dismissed
Legal Topics
Adverse Possession, Leave to Appeal, Limitation Periods, Factual Possession, Intention to Possess, Costs
Source Language
EN
Property Law Civil Procedure Limitation Law Evidence Adverse Possession Leave to Appeal Limitation Periods Factual Possession +2 more

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Parties

Siu Chiu Choi

Plaintiff (dccj 2388/2017)

Teng Hung Ping

Defendant (dccj 2388/2017; 7th Defendant in DCMP 4082/2004)

Luckway Properties Limited

Plaintiff (dcmp 4082/2004)

Liu, Chi Kong

1st Defendant (dcmp 4082/2004)

Yu, Kam Ho Hillmond

2nd Defendant (dcmp 4082/2004)

Leung, Tak Chuen Perry

3rd Defendant (dcmp 4082/2004)

Leung, Kwok Hung

4th Defendant (dcmp 4082/2004)

Viewbest Engineering Limited

5th Defendant (dcmp 4082/2004)

The Occupier and every other persons in occupation of the land known as The Remaining Portion of Section A of Lot No. 2942 in Demarcation District No. 104

6th Defendant (dcmp 4082/2004)

Procedural Posture

Civil Adverse Possession / Application for Leave to Appeal (leave Hearing in Chambers)

Legal Issues

  1. 1 Whether appellant (D7) established continuous exclusive possession and requisite intention to possess for the statutory period
  2. 2 Whether the two factual findings (occupation of two structures and likely occupation of fishponds in 1975/1976) suffice to ground adverse possession
  3. 3 Whether the Gotland decision is applicable or distinguishable on facts

Ratio Decidendi

Leave to appeal dismissed because the applicant has no reasonable prospect of success: the evidence did not establish continuous exclusive possession or the requisite intention to possess for the statutory period (documentary and business evidence absent, fencing occurred in 2011), the Gotland decision is distinguishable, and the limitation regime applies to the pleaded start date circa 1975.

Court Disposition

Application for leave to appeal dismissed

Orders

  • D7’s application for leave to appeal dismissed
  • Costs of the application to Siu Chiu Choi and Luckway Properties Limited to be taxed if not agreed