SAN TONG LEE CO LTD v. 張達發 AND OTHERS

SAN TONG LEE CO LTD v. 張達發 AND OTHERS

Defendants' adverse possession claim failed because their pleadings were ambiguous and deficient as to the material facts necessary to establish animus possidendi and exclusive possession, and the evidence was not compelling or corroborative (key witnesses found unreliable or to have made inconsistent/untrue...

Source-derived case information.

Citation
[2025] HKCFI 5503
Parties
Plaintiff (hca 1081/2012): San Tong Lee Company Limited; 1st Defendant (hca 1081/2012); 4th Defendant (hcmp 2525/2013): 張達發 / Cheung Tat Fat; 2nd Defendant (hca 1081/2012); 5th Defendant (hcmp 2525/2013): 徐娟; 3rd Defendant (hca 1081/2012); 6th Defendant (hcmp 2525/2013): 張浩然; 4th Defendant (hca 1081/2012); 7th Defendant (hcmp 2525/2013): 張稀童; 5th Defendant (hca 1081/2012); 8th Defendant (hcmp 2525/2013): 張高發 / CKF; 6th Defendant (hca 1081/2012); 9th Defendant (hcmp 2525/2013): 黃彩蓮; 7th Defendant (hca 1081/2012); 10th Defendant (hcmp 2525/2013): 張鋼洪; 8th Defendant (hca 1081/2012) (discontinued in Hcmp): 張榮發; 9th Defendant (hca 1081/2012); 12th Defendant (hcmp 2525/2013) (discontinued): 張達發, the Administrator of the Estate of Cheung Hei (張喜) deceased; 10th Defendant (hca 1081/2012); 13th Defendant (hcmp 2525/2013): The Occupiers of Lot Nos 1314,1316,1317,1318,1841-1848,1849,1850,1857-1858 DD116 Yuen Long; Intervener (hca 1081/2012); Plaintiff (hcmp 2525/2013): Lei Shing Hong Credit Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 December 2025
Case Number
HCA1081/2012
Procedural Posture
Action No 1081 of 2012 and HCMP 2525 of 2013 Heard Together (property, Possession and Mortgage Dispute) / Trial Judgment (court of First Instance)
Outcome
Adverse possession and counterclaims dismissed; order for defendants (except specified ones) to deliver vacant possession to LSH; costs awarded to LSH.
Legal Topics
Adverse Possession, Possessory Title, Vacant Possession, Pleadings, Evidence, Costs
Source Language
en
Property Law Land Law Mortgage Law Civil Procedure Adverse Possession Possessory Title Vacant Possession Pleadings +2 more

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Parties

San Tong Lee Company Limited

Plaintiff (hca 1081/2012)

張達發 / Cheung Tat Fat

1st Defendant (hca 1081/2012); 4th Defendant (hcmp 2525/2013)

徐娟

2nd Defendant (hca 1081/2012); 5th Defendant (hcmp 2525/2013)

張浩然

3rd Defendant (hca 1081/2012); 6th Defendant (hcmp 2525/2013)

張稀童

4th Defendant (hca 1081/2012); 7th Defendant (hcmp 2525/2013)

張高發 / CKF

5th Defendant (hca 1081/2012); 8th Defendant (hcmp 2525/2013)

黃彩蓮

6th Defendant (hca 1081/2012); 9th Defendant (hcmp 2525/2013)

張鋼洪

7th Defendant (hca 1081/2012); 10th Defendant (hcmp 2525/2013)

張榮發

8th Defendant (hca 1081/2012) (discontinued in Hcmp)

張達發, the Administrator of the Estate of Cheung Hei (張喜) deceased

9th Defendant (hca 1081/2012); 12th Defendant (hcmp 2525/2013) (discontinued)

The Occupiers of Lot Nos 1314,1316,1317,1318,1841-1848,1849,1850,1857-1858 DD116 Yuen Long

10th Defendant (hca 1081/2012); 13th Defendant (hcmp 2525/2013)

Lei Shing Hong Credit Limited

Intervener (hca 1081/2012); Plaintiff (hcmp 2525/2013)

Procedural Posture

Action No 1081 of 2012 and HCMP 2525 of 2013 Heard Together (property, Possession and Mortgage Dispute) / Trial Judgment (court of First Instance)

Legal Issues

  1. 1 Whether defendants established possessory title by adverse possession of the Disputed Lands
  2. 2 Whether the Relevant Defendants proved damages alleged to have been caused by the plaintiff on 21 December 2011

Ratio Decidendi

Defendants' adverse possession claim failed because their pleadings were ambiguous and deficient as to the material facts necessary to establish animus possidendi and exclusive possession, and the evidence was not compelling or corroborative (key witnesses found unreliable or to have made inconsistent/untrue statements); expert evidence showed only activity not exclusion; consequently no possessory title arose and counterclaims (including damages) were dismissed.

Court Disposition

Adverse possession and counterclaims dismissed; order for defendants (except specified ones) to deliver vacant possession to LSH; costs awarded to LSH.

Orders

  • Defendants (save and except the 2nd and 3rd Defendants, and the 11th and the 12th Defendants) to deliver vacant possession of the Disputed Lands to Lei Shing Hong Credit Limited within 28 days
  • Defendants' counterclaims dismissed