HINTMAX DEVELOPMENT LTD v. WONG HO CHUEN AND ANOTHER

HINTMAX DEVELOPMENT LTD v. WONG HO CHUEN AND ANOTHER

Plaintiff demonstrated exclusive possession and intention to possess the Defendants' Land from at least 1 March 2002 through to beyond 1 December 2014, satisfying the 12‑year limitation period; accordingly the defendants' title was extinguished under section 17 of the Limitation Ordinance and the court could properly grant the declaratory relief sought without a full trial because the declarations were necessary for the proposed sale.

Citation
HINTMAX DEVELOPMENT LTD v. WONG HO CHUEN AND ANOTHER
Parties
Plaintiff: HINTMAX DEVELOPMENT LIMITED; 1st Defendant: WONG HO CHUEN; 2nd Defendant: WONG KENG CHAU
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 June 2016
Case Number
HCA2586/2014
Procedural Posture
Adverse Possession / Declaration of Title / Default Judgment Application (summons Dated 19 May 2016)
Outcome
Declarations granted; judgment in default of defence
Legal Topics
Adverse Possession, Declaration of Title, Indefeasible Possessory Title, Substituted Service
Source Language
EN
Property Law Limitation Law Civil Procedure Adverse Possession Declaration of Title Indefeasible Possessory Title Substituted Service

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Parties

HINTMAX DEVELOPMENT LIMITED

Plaintiff

WONG HO CHUEN

1st Defendant

WONG KENG CHAU

2nd Defendant

Procedural Posture

Adverse Possession / Declaration of Title / Default Judgment Application (summons Dated 19 May 2016)

Legal Issues

  1. 1 Whether the plaintiff had factual possession and intention to possess the land for the requisite 12‑year period
  2. 2 Whether the defendants' title was extinguished under section 17 of the Limitation Ordinance (Cap 347)
  3. 3 Whether declaratory relief can be granted without a full trial in the circumstances

Ratio Decidendi

Plaintiff demonstrated exclusive possession and intention to possess the Defendants' Land from at least 1 March 2002 through to beyond 1 December 2014, satisfying the 12‑year limitation period; accordingly the defendants' title was extinguished under section 17 of the Limitation Ordinance and the court could properly grant the declaratory relief sought without a full trial because the declarations were necessary for the proposed sale.

Court Disposition

Declarations granted; judgment in default of defence

Orders

  • Declaration that the title of the defendants and/or their successors in title to Subsection 1 of Section A of Inland Lot No 1832 has been extinguished
  • Declaration that the plaintiff has acquired an indefeasible possessory title to Subsection 1 of Section A of Inland Lot No 1832 and is entitled to remain in possession