TO HIN CHEUNG AND OTHERS v. ALL OCCUPIER(S) OF A PORTION OF LOT NO 240 IN DEMARCATION DISTRICT NO 128, YUEN LONG, NEW TERRITORIES HONG KONG AND ANOTHER

TO HIN CHEUNG AND OTHERS v. ALL OCCUPIER(S) OF A PORTION OF LOT NO 240 IN DEMARCATION DISTRICT NO 128, YUEN LONG, NEW TERRITORIES HONG KONG AND ANOTHER

The Court refused leave because the trial judge's adverse credibility finding was supported by the evidence and the contemporaneous documents did not establish continuous occupation since 1997; therefore the appeal lacked a reasonable prospect of success and the statutory threshold for granting leave was not met.

Citation
TO HIN CHEUNG AND OTHERS v. ALL OCCUPIER(S) OF A PORTION OF LOT NO 240 IN DEMARCATION DISTRICT NO 128, YUEN LONG, NEW TERRITORIES HONG KONG AND ANOTHER
Parties
Plaintiff (respondent): TO HIN CHEUNG; Plaintiff (respondent): TO CHI CHEUNG; Plaintiff (respondent): TO SHIU CHEUNG; 1st Defendant: All occupier(s) of a portion of Lot No 240 in Demarcation District No 128, Yuen Long, New Territories Hong Kong; 2nd Defendant (applicant): CHAN WAI KEUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 August 2013
Case Number
HCMP1692/2013
Procedural Posture
Civil Possession Dispute (adverse Possession) — Application for Leave to Appeal to Court of Appeal (on Intended Appeal From District Court) / Application for Leave to Appeal; Decision on Written Submissions
Outcome
Application for leave to appeal refused.
Legal Topics
Adverse Possession, Vacant Possession, Leave to Appeal, Credibility Findings, Costs
Source Language
EN
Property Law Civil Procedure Appeal Adverse Possession Vacant Possession Leave to Appeal Credibility Findings Costs

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Parties

TO HIN CHEUNG

Plaintiff (respondent)

TO CHI CHEUNG

Plaintiff (respondent)

TO SHIU CHEUNG

Plaintiff (respondent)

All occupier(s) of a portion of Lot No 240 in Demarcation District No 128, Yuen Long, New Territories Hong Kong

1st Defendant

CHAN WAI KEUNG

2nd Defendant (applicant)

Procedural Posture

Civil Possession Dispute (adverse Possession) — Application for Leave to Appeal to Court of Appeal (on Intended Appeal From District Court) / Application for Leave to Appeal; Decision on Written Submissions

Legal Issues

  1. 1 Whether the 2nd defendant acquired possessory title by adverse possession
  2. 2 Whether the trial judge erred in credibility findings and in assessing documentary evidence
  3. 3 Whether the application for leave to appeal has a reasonable prospect of success

Ratio Decidendi

The Court refused leave because the trial judge's adverse credibility finding was supported by the evidence and the contemporaneous documents did not establish continuous occupation since 1997; therefore the appeal lacked a reasonable prospect of success and the statutory threshold for granting leave was not met.

Court Disposition

Application for leave to appeal refused.

Orders

  • Leave to appeal refused
  • Order under Order 59 rule 2A(8) that no party may request reconsideration of the determination at an oral inter partes hearing