KEEP PLUS CO LTD v. LAU KAU AND ANOTHER

KEEP PLUS CO LTD v. LAU KAU AND ANOTHER

Production of a surveyor's report did not discharge the duty to provide further and better particulars under the consent order because the report did not answer historical or descriptive particulars sought (notably the status of the land in 1958, the footprint/location of structures in 1958 and differentiation of 91E Ng Ka Tsuen from Lot No.491). The appeal was allowed: the Master's dismissal was set aside and the defendant was ordered to file the outstanding particulars by a fixed date; costs awarded to the plaintiff.

Citation
KEEP PLUS CO LTD v. LAU KAU AND ANOTHER
Parties
Plaintiff: Keep Plus Company Limited; 1st Defendant: Lau Kau; 2nd Defendant: All occupiers of Lot No. 491 in Demarcation District No. 106 (91E Ng Ka Tsuen, Yuen Long, New Territories)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 June 2009
Case Number
DCCJ4487/2007
Procedural Posture
Civil Action for Possession / Adverse Possession / Appeal From Master's Decision; Rehearing of Summons for Further and Better Particulars
Outcome
Appeal allowed; Master's order of 15 May 2009 set aside; further and better particulars ordered; costs awarded to plaintiff
Legal Topics
Possession, Adverse Possession, Trespass, Particulars of Pleading, Discovery, Costs, Survey Evidence
Source Language
EN
Property Law Civil Procedure Evidence Possession Adverse Possession Trespass Particulars of Pleading Discovery +2 more

Case Brief

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Keep Plus Company Limited

Plaintiff

Lau Kau

1st Defendant

All occupiers of Lot No. 491 in Demarcation District No. 106 (91E Ng Ka Tsuen, Yuen Long, New Territories)

2nd Defendant

Procedural Posture

Civil Action for Possession / Adverse Possession / Appeal From Master's Decision; Rehearing of Summons for Further and Better Particulars

Legal Issues

  1. 1 Whether the 1st Defendant complied with a consent order to provide further and better particulars of his defence and counterclaim
  2. 2 Whether production of a surveyor's report satisfies a request for particulars
  3. 3 Whether the pleading should be dismissed for failure to provide particulars

Ratio Decidendi

Production of a surveyor's report did not discharge the duty to provide further and better particulars under the consent order because the report did not answer historical or descriptive particulars sought (notably the status of the land in 1958, the footprint/location of structures in 1958 and differentiation of 91E Ng Ka Tsuen from Lot No.491). The appeal was allowed: the Master's dismissal was set aside and the defendant was ordered to file the outstanding particulars by a fixed date; costs awarded to the plaintiff.

Court Disposition

Appeal allowed; Master's order of 15 May 2009 set aside; further and better particulars ordered; costs awarded to plaintiff

Orders

  • Leave to Keep Plus to amend the name of the 1st Defendant appearing on the writ of summons
  • The order of the Master dated 15 May 2009 is set aside