CHU SYMON HIN WING as the surviving manager of CHU NAM YUN (OR YUEN) suing on behalf of all members of CHU NAM YUN (OR YUEN) v. LAU KWAI YING, the personal representative of the estate of WONG KAM FAI, deceased AND OTHERS

CHU SYMON HIN WING as the surviving manager of CHU NAM YUN (OR YUEN) suing on behalf of all members of CHU NAM YUN (OR YUEN) v. LAU KWAI YING, the personal representative of the estate of WONG KAM FAI, deceased AND OTHERS

Defendants failed to demonstrate a real or bona fide defence: as the Premises are held by a registered t'ong and new beneficiary members exist (youngest born 2008), limitation has not run against all beneficiaries and adverse possession cannot extinguish the t'ong's title; payments of rates do not confer beneficial title; procedural objections lacked evidence and were without merit; therefore summary judgment for plaintiff and strike out of counterclaim appropriate.

Citation
[2025] HKDC 842
Parties
Plaintiff (surviving Manager of Chu Nam Yun Tong): CHU SYMON HIN WING; 1st Defendant (personal Representative of the Estate of Wong Kam Fai): LAU Kwai Ying; 2nd Defendant: OCCUPIER(S) OF THE PREMISES; 3rd Defendant: WONG YAM FOON; 4th Defendant: CHEUNG TUNG WO
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 May 2025
Case Number
DCMP3069/2019
Procedural Posture
Miscellaneous Proceedings Under Order 113 (recovery of Land) / Summary Judgment Application and Decision; Striking Out of Counterclaim
Outcome
Summary judgment granted for plaintiff; counterclaim of 3rd and 4th defendants struck out; Costs Order Nisi in favour of plaintiff
Legal Topics
Adverse Possession, Recovery of Land by T'ong, Chinese Customary T'ong as Trust, Summary Judgment, Striking Out, Limitation Period Computation
Source Language
EN
Property Trusts Limitation Civil Procedure Adverse Possession Recovery of Land by T'ong Chinese Customary T'ong as Trust Summary Judgment +2 more

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Parties

CHU SYMON HIN WING

Plaintiff (surviving Manager of Chu Nam Yun Tong)

LAU Kwai Ying

1st Defendant (personal Representative of the Estate of Wong Kam Fai)

OCCUPIER(S) OF THE PREMISES

2nd Defendant

WONG YAM FOON

3rd Defendant

CHEUNG TUNG WO

4th Defendant

Procedural Posture

Miscellaneous Proceedings Under Order 113 (recovery of Land) / Summary Judgment Application and Decision; Striking Out of Counterclaim

Legal Issues

  1. 1 Whether defendants have a real or bona fide defence of adverse possession against a t'ong holding
  2. 2 Whether the defendants' counterclaim discloses reasonable cause of action
  3. 3 Whether procedural defects (managers' consent; statements of truth) defeat plaintiff's application

Ratio Decidendi

Defendants failed to demonstrate a real or bona fide defence: as the Premises are held by a registered t'ong and new beneficiary members exist (youngest born 2008), limitation has not run against all beneficiaries and adverse possession cannot extinguish the t'ong's title; payments of rates do not confer beneficial title; procedural objections lacked evidence and were without merit; therefore summary judgment for plaintiff and strike out of counterclaim appropriate.

Court Disposition

Summary judgment granted for plaintiff; counterclaim of 3rd and 4th defendants struck out; Costs Order Nisi in favour of plaintiff

Orders

  • 3rd and 4th Defendants to deliver vacant possession of Lot No.1071 Tai Po (the Premises) to Plaintiff
  • 3rd and 4th Defendants restrained from trespassing or entering the Premises without Plaintiff's prior consent