THE YIN NIN SAVINGS MORTGAGE LOAN & LAND INVESTMENT CO LTD AND ANOTHER v. OCCUPIER(S) OF PREMISES (save and except the 2nd Defendant to the 9th Defendant) AND OTHERS

THE YIN NIN SAVINGS MORTGAGE LOAN & LAND INVESTMENT CO LTD AND ANOTHER v. OCCUPIER(S) OF PREMISES (save and except the 2nd Defendant to the 9th Defendant) AND OTHERS

The appeal is dismissed because the disputed expert issues are factual and not genuinely controversial; a single joint expert would reduce unnecessary expert disputes, focus the trial on the substantive issue of adverse possession versus tenancy, and the parties' long delay and non‑compliance with earlier directions justified the Master's 2025 Order and the judge declined to interfere with that case management decision.

Citation
[2026] HKCFI 2224
Parties
1st Plaintiff: the yin nin savings mortgage loan & land investment company, limited; 2nd Plaintiff: loyal hill development limited; 1st Defendant: occupier(s) of premises (save and except the 2nd Defendant to the 9th Defendant); 2nd Defendant: chan wai ming; 3rd Defendant: ng ah sheung; 4th Defendant: ko mow tan (person appointed by Order dated 29 June 2015 to represent the Estate of the deceased, lue hang ping); 5th Defendant: ng kam tong (person appointed by Order dated 17 March 2014 to substitute cheung hon ming); 6th Defendant: ko chui ngor yung; 7th Defendant: chan man yau (the executor of the Estate of the deceased, chan tse); 8th Defendant: siu sing chau; 9th Defendant: hui ting wo; 1st Plaintiff: chun sing consultancy limited (晉丞顧問有限公司); 4th Defendant: LIU SIU SEE (person appointed by Order dated 14 October 2024 to represent the Estate of the deceased, lue hang ping)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 April 2026
Case Number
HCMP1739/2003
Procedural Posture
Land Dispute (summary Proceedings) / Interlocutory Appeal From Master's Case Management Order (judge in Chambers)
Outcome
Appeal dismissed
Legal Topics
Possessory Title, Expert Evidence (single Joint Expert), Case Management Orders, Appeal From Master's Decision
Source Language
EN
Land Law Civil Procedure Evidence Possessory Title Expert Evidence (single Joint Expert) Case Management Orders Appeal From Master's Decision

Case Brief

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Parties

the yin nin savings mortgage loan & land investment company, limited

1st Plaintiff

loyal hill development limited

2nd Plaintiff

occupier(s) of premises (save and except the 2nd Defendant to the 9th Defendant)

1st Defendant

chan wai ming

2nd Defendant

ng ah sheung

3rd Defendant

ko mow tan (person appointed by Order dated 29 June 2015 to represent the Estate of the deceased, lue hang ping)

4th Defendant

ng kam tong (person appointed by Order dated 17 March 2014 to substitute cheung hon ming)

5th Defendant

ko chui ngor yung

6th Defendant

chan man yau (the executor of the Estate of the deceased, chan tse)

7th Defendant

siu sing chau

8th Defendant

hui ting wo

9th Defendant

chun sing consultancy limited (晉丞顧問有限公司)

1st Plaintiff

LIU SIU SEE (person appointed by Order dated 14 October 2024 to represent the Estate of the deceased, lue hang ping)

4th Defendant

Procedural Posture

Land Dispute (summary Proceedings) / Interlocutory Appeal From Master's Case Management Order (judge in Chambers)

Legal Issues

  1. 1 Whether a single joint expert should be appointed to determine the land boundaries and physical signs of occupation
  2. 2 Whether the 2025 Order departs unfairly from the 2015 Order and amounts to wasted cost or delay
  3. 3 Whether the judge should interfere with the master's case management decision on these grounds

Ratio Decidendi

The appeal is dismissed because the disputed expert issues are factual and not genuinely controversial; a single joint expert would reduce unnecessary expert disputes, focus the trial on the substantive issue of adverse possession versus tenancy, and the parties' long delay and non‑compliance with earlier directions justified the Master's 2025 Order and the judge declined to interfere with that case management decision.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • 2025 Order of Master Phoebe Man upheld