SHI LING YEE v. NUMERIC CITY LTD

SHI LING YEE v. NUMERIC CITY LTD

The court held it was not a plain and obvious case to strike out the Statement of Claim; on the pleaded facts the claim more properly pleaded as proprietary estoppel than adverse possession and therefore leave to amend was granted; the writ of possession was stayed and Shi was permitted to be joined because her amended claim could defeat the writ and she is an interested party.

Citation
SHI LING YEE v. NUMERIC CITY LTD
Parties
Plaintiff (dccj 1347/2013): Shi Ling Yee; Plaintiff (dccj 2647/2012) and 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
DCCJ1347/2013
Procedural Posture
Civil: Possession/land Dispute / Interlocutory Applications (striking Out, Joinder and Stay Applications)
Outcome
Leave to amend granted; Statement of Claim to be struck out if not amended within 14 days; writ of possession stayed with liberty to restore; leave to join granted; costs reserved with order nisi for costs to defendant in the 2nd action
Legal Topics
Adverse Possession, Proprietary Estoppel, Striking Out Pleadings, Stay of Execution, Joinder
Source Language
EN
Property Land Law Civil Procedure Limitation Law Adverse Possession Proprietary Estoppel Striking Out Pleadings Stay of Execution +1 more

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Parties

Shi Ling Yee

Plaintiff (dccj 1347/2013)

Numeric City Limited

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

Lau Chi Wing

Defendant (dccj 2647/2012)

Procedural Posture

Civil: Possession/land Dispute / Interlocutory Applications (striking Out, Joinder and Stay Applications)

Legal Issues

  1. 1 Whether the Statement of Claim based on adverse possession discloses a reasonable cause of action
  2. 2 Whether the claim is scandalous, frivolous, vexatious or an abuse of process
  3. 3 Whether proprietary estoppel is the proper cause of action on the pleaded facts

Ratio Decidendi

The court held it was not a plain and obvious case to strike out the Statement of Claim; on the pleaded facts the claim more properly pleaded as proprietary estoppel than adverse possession and therefore leave to amend was granted; the writ of possession was stayed and Shi was permitted to be joined because her amended claim could defeat the writ and she is an interested party.

Court Disposition

Leave to amend granted; Statement of Claim to be struck out if not amended within 14 days; writ of possession stayed with liberty to restore; leave to join granted; costs reserved with order nisi for costs to defendant in the 2nd action

Orders

  • Leave granted to Plaintiff (DCCJ 1347/2013) to file and serve an Amended Statement of Claim within 14 days
  • If no Amended Statement of Claim is filed and served within 14 days the Statement of Claim filed on 18 April 2013 is struck out