KEE CHAN HING v. LEUNG FUK CHUEN AND OTHERS

KEE CHAN HING v. LEUNG FUK CHUEN AND OTHERS

The court held that the boundary of the plaintiff's lot is to be determined by the graphical depiction and location information in the 1992 Assignment Plan read with subsequent government divisional plans, new grant plans and setting out exercises; where textual area ('about 140 sqm') conflicted with graphical...

Source-derived case information.

Citation
[2020] HKDC 382
Parties
Plaintiff: Kee Chan Hing; 1st Defendant: Leung Fuk Chuen; 2nd Defendant: Lam Hau Ching Lawrie; 3rd Defendant: Chan Kin Lai; 4th Defendant: Secretary for Justice (sued on behalf of Director of Lands); 5th Defendant: Leung Kam Wing; 6th Defendant: Wong Yan Lan; 7th Defendant: Li Sze Lok; 8th Defendant: Li Hok Cheung; 9th Defendant: Chan Suk Chung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 May 2020
Case Number
DCCJ4959/2014
Procedural Posture
Civil Land Boundary Dispute / Judgment (trial Concluded)
Outcome
Plaintiff's claim dismissed; counterclaims of defendants allowed in part
Legal Topics
Boundary Determination, Construction of Conveyance and Parcel Clause, Surrender and Regrant, Vacation of Writ Registration, Right of Way, Expert Evidence in Surveying
Source Language
en
Property Law Land Law Boundary Dispute Easements Land Registration Boundary Determination Construction of Conveyance and Parcel Clause Surrender and Regrant +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Kee Chan Hing

Plaintiff

Leung Fuk Chuen

1st Defendant

Lam Hau Ching Lawrie

2nd Defendant

Chan Kin Lai

3rd Defendant

Secretary for Justice (sued on behalf of Director of Lands)

4th Defendant

Leung Kam Wing

5th Defendant

Wong Yan Lan

6th Defendant

Li Sze Lok

7th Defendant

Li Hok Cheung

8th Defendant

Chan Suk Chung

9th Defendant

Procedural Posture

Civil Land Boundary Dispute / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether the 1992 Assignment plan alone determines the boundary or other documents and subsequent government surveys must be considered
  2. 2 Whether the textual area (140 sqm about) or the graphical measurement on the 1992 Assignment plan prevails
  3. 3 Whether the party boundaries conflict and whether any defendants encroached on the plaintiff's lot

Ratio Decidendi

The court held that the boundary of the plaintiff's lot is to be determined by the graphical depiction and location information in the 1992 Assignment Plan read with subsequent government divisional plans, new grant plans and setting out exercises; where textual area ('about 140 sqm') conflicted with graphical measurement and surveyed location, the graphical/location evidence and subsequent government surveys prevail; plaintiff failed to prove encroachment and defendants' counterclaims to vacate the registered writs and to the right of way succeeded.

Court Disposition

Plaintiff's claim dismissed; counterclaims of defendants allowed in part

Orders

  • Plaintiff's claim against Defendants 1 to 9 dismissed
  • Declaration that the Amended Writ of Summons dated 30 December 2014 and Re-Amended Writ of Summons dated 10 March 2015 were wrongly registered against properties of D1-3 & D5-6 and that such registrations be vacated forthwith