GAINFIELD INVESTMENT LTD AND ANOTHER v. LAM YI LAI AND OTHERS

GAINFIELD INVESTMENT LTD AND ANOTHER v. LAM YI LAI AND OTHERS

Court found the 1st defendant was estopped by proprietary estoppel from asserting possessory title to Chau's share because her conduct induced the buyer to complete the purchase and she accepted payment arrangements; Chau had not discontinued possession (evidenced by assertions for rent and later sale) and an implied licence to occupy existed for the defendants, so adverse possession failed; unity of possession meant the 1st plaintiff retained entitlement to possession of its half-share; plaintiffs entitled to possession and damages for trespass.

Citation
GAINFIELD INVESTMENT LTD AND ANOTHER v. LAM YI LAI AND OTHERS
Parties
1st Plaintiff: GAINFIELD INVESTMENT LIMITED; 2nd Plaintiff: SUCCESS SHEEN LIMITED; 1st Defendant: LAM YI LAI (林依麗); 2nd Defendant: 周竣隆; 3rd Defendant: 周棨隆; 4th Defendant (discontinued): 徐化普; 5th Defendant: ALL OCCUPIERS OF 4TH FLOOR, NO 2B TAK SHING STREET, KOWLOON
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 May 2017
Case Number
DCCJ3736/2014
Procedural Posture
Civil Action (possession/land/trespass) / Judgment at Trial (deputy District Court)
Outcome
Judgment for the 1st and 2nd plaintiffs for possession of the property; counterclaim dismissed; plaintiffs awarded damages for trespass and costs.
Legal Topics
Adverse Possession, Proprietary Estoppel, Possession, Trespass, Limitation
Source Language
EN
Property Land Law Equity Civil Procedure Adverse Possession Proprietary Estoppel Possession Trespass +1 more

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Parties

GAINFIELD INVESTMENT LIMITED

1st Plaintiff

SUCCESS SHEEN LIMITED

2nd Plaintiff

LAM YI LAI (林依麗)

1st Defendant

周竣隆

2nd Defendant

周棨隆

3rd Defendant

徐化普

4th Defendant (discontinued)

ALL OCCUPIERS OF 4TH FLOOR, NO 2B TAK SHING STREET, KOWLOON

5th Defendant

Procedural Posture

Civil Action (possession/land/trespass) / Judgment at Trial (deputy District Court)

Legal Issues

  1. 1 Whether a separate possessory title attachable to Chau's half-share exists and is susceptible to adverse possession
  2. 2 Whether conduct in FCMP107/2011 estops the 1st defendant from asserting proprietary or possessory claims
  3. 3 Whether the 1st, 2nd and 3rd defendants have acquired Chau's share by adverse possession

Ratio Decidendi

Court found the 1st defendant was estopped by proprietary estoppel from asserting possessory title to Chau's share because her conduct induced the buyer to complete the purchase and she accepted payment arrangements; Chau had not discontinued possession (evidenced by assertions for rent and later sale) and an implied licence to occupy existed for the defendants, so adverse possession failed; unity of possession meant the 1st plaintiff retained entitlement to possession of its half-share; plaintiffs entitled to possession and damages for trespass.

Court Disposition

Judgment for the 1st and 2nd plaintiffs for possession of the property; counterclaim dismissed; plaintiffs awarded damages for trespass and costs.

Orders

  • Possession of 4th Floor, No 2B Tak Shing Street, Kowloon granted to the 1st and 2nd plaintiffs
  • Damages for trespass: 1st plaintiff entitled to half market rent from 20 April 2012 until delivery of possession