NISHIMATSU CONSTRUCTION CO LTD AND OTHERS v. TANG HON KEUNG AND OTHERS

NISHIMATSU CONSTRUCTION CO LTD AND OTHERS v. TANG HON KEUNG AND OTHERS

The Court held that the Schedule of the Block Crown Lease, contemporaneous with the Plan and explicit in recording 0.15 acre and $.15 rent, must be given primacy; the defendants failed to prove that the Plan (or other historical records) showed Lot 424 as 4.64 acres and therefore failed to establish title to the larger area; accordingly the counterclaim is dismissed.

Citation
NISHIMATSU CONSTRUCTION CO LTD AND OTHERS v. TANG HON KEUNG AND OTHERS
Parties
1st Plaintiff: Nishimatsu Construction Co. Ltd.; 2nd Plaintiff: Dragages Et Travaux Publics (HK) Ltd.; 3rd Plaintiff: The Attorney General; 1st Defendants: Tang Hon Keung; Tang Kong Wing; Tang Chung Yan; Cheung Fung Tai; Tang Yin Tong (and others); 2nd Defendants: Wing Lung Wai Community (alias Wing Lung Wai Tai Chung; registered under s.15 New Territories Ordinance, Cap.97) and its appointed representatives
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 July 1996
Case Number
HCA8568/1995
Procedural Posture
Civil — Land Dispute (declaration of Title/compensation/resumption) / Trial — Judgment Handed Down
Outcome
Counterclaim of the 2nd Defendants dismissed; declarations sought by the Government granted
Legal Topics
Declaration of Title, Block Crown Lease Interpretation, Plan Vs Schedule Conflict, Historical Survey Evidence, Rectification
Source Language
EN
Property Law Land Law Contract Interpretation Evidence Declaration of Title Block Crown Lease Interpretation Plan Vs Schedule Conflict Historical Survey Evidence +1 more

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Parties

Nishimatsu Construction Co. Ltd.

1st Plaintiff

Dragages Et Travaux Publics (HK) Ltd.

2nd Plaintiff

The Attorney General

3rd Plaintiff

Tang Hon Keung; Tang Kong Wing; Tang Chung Yan; Cheung Fung Tai; Tang Yin Tong (and others)

1st Defendants

Wing Lung Wai Community (alias Wing Lung Wai Tai Chung; registered under s.15 New Territories Ordinance, Cap.97) and its appointed representatives

2nd Defendants

Procedural Posture

Civil — Land Dispute (declaration of Title/compensation/resumption) / Trial — Judgment Handed Down

Legal Issues

  1. 1 Whether the defendants (Tang Clan) are owners of 4.64 acres instead of 0.15 acre as recorded in the Block Crown Lease
  2. 2 Whether the unreadable plan and contemporaneous field/area statements can displace the schedule in the Crown Lease
  3. 3 Appropriate weight to be given to Field Sheets, Field Area Statements and later control sheets versus the Schedule and the text of the Crown Lease

Ratio Decidendi

The Court held that the Schedule of the Block Crown Lease, contemporaneous with the Plan and explicit in recording 0.15 acre and $.15 rent, must be given primacy; the defendants failed to prove that the Plan (or other historical records) showed Lot 424 as 4.64 acres and therefore failed to establish title to the larger area; accordingly the counterclaim is dismissed.

Court Disposition

Counterclaim of the 2nd Defendants dismissed; declarations sought by the Government granted

Orders

  • Counterclaim dismissed
  • Declarations sought by the Government granted