CHEUNG LO FAT AND OTHERS v. TANG KUNG LEUNG AND OTHERS

CHEUNG LO FAT AND OTHERS v. TANG KUNG LEUNG AND OTHERS

On the material disclosed in the amended statement of claim and the plaintiffs' affirmations, there is sufficient evidence that the 10th defendant advised and/or assisted the obstruction of the passageway; the facts relating to the deed-based right and the 10‑feet right are interrelated and cannot be severed; therefore the 10th defendant must be joined and the application for leave to appeal is dismissed as without merit.

Citation
CHEUNG LO FAT AND OTHERS v. TANG KUNG LEUNG AND OTHERS
Parties
1st Plaintiff: CHEUNG LO FAT; 2nd Plaintiff: CHEUNG CHEUNG HING; 3rd Plaintiff: CHEUNG HOI CHI; 4th Plaintiff: MOK FOR KWAI; 5th Plaintiff: CHEUNG KAM FOOK; 6th Plaintiff: MAN HEI LEUNG; 7th Plaintiff: MAN SIU KEI; 8th Plaintiff: CHEUNG SUM KWAI; 9th Plaintiff: CHEUNG FOR WAI; 1st Defendant: TANG KUNG LEUNG; 2nd Defendant: TANG LAI MOON; 3rd Defendant: CHEUNG CHEUK HUNG; 4th Defendant: CHEUNG KUT SHUN; 5th Defendant: CHEUNG YAU MING; 6th Defendant: TANG WING SHING; 7th Defendant: TANG KIN YIP; 8th Defendant: TANG TUNG SHING; 9th Defendant: CHEUNG MUK KAM; 10th Defendant: LIU YUEN CHUNG STEVEN; 11th Defendant: CHEUNG FOR KAM
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 January 2014
Case Number
DCCJ654/2013
Procedural Posture
Civil Action / Application for Leave to Appeal (interlocutory)
Outcome
Application for leave to appeal dismissed; 10th defendant to be joined to the proceedings
Legal Topics
Leave to Appeal, Joinder, Right of Way, Interlocutory Injunction, Evidence
Source Language
EN
Civil Procedure Easements and Rights of Way Appeal Leave to Appeal Joinder Right of Way Interlocutory Injunction Evidence

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Parties

CHEUNG LO FAT

1st Plaintiff

CHEUNG CHEUNG HING

2nd Plaintiff

CHEUNG HOI CHI

3rd Plaintiff

MOK FOR KWAI

4th Plaintiff

CHEUNG KAM FOOK

5th Plaintiff

MAN HEI LEUNG

6th Plaintiff

MAN SIU KEI

7th Plaintiff

CHEUNG SUM KWAI

8th Plaintiff

CHEUNG FOR WAI

9th Plaintiff

TANG KUNG LEUNG

1st Defendant

TANG LAI MOON

2nd Defendant

CHEUNG CHEUK HUNG

3rd Defendant

CHEUNG KUT SHUN

4th Defendant

CHEUNG YAU MING

5th Defendant

TANG WING SHING

6th Defendant

TANG KIN YIP

7th Defendant

TANG TUNG SHING

8th Defendant

CHEUNG MUK KAM

9th Defendant

LIU YUEN CHUNG STEVEN

10th Defendant

CHEUNG FOR KAM

11th Defendant

Procedural Posture

Civil Action / Application for Leave to Appeal (interlocutory)

Legal Issues

  1. 1 Whether the 10th defendant should be joined to the proceedings
  2. 2 Whether there is material evidence that the 10th defendant advised and/or assisted in obstructing the 10 feet right of way
  3. 3 Whether the application for leave to appeal has any real prospect of success

Ratio Decidendi

On the material disclosed in the amended statement of claim and the plaintiffs' affirmations, there is sufficient evidence that the 10th defendant advised and/or assisted the obstruction of the passageway; the facts relating to the deed-based right and the 10‑feet right are interrelated and cannot be severed; therefore the 10th defendant must be joined and the application for leave to appeal is dismissed as without merit.

Court Disposition

Application for leave to appeal dismissed; 10th defendant to be joined to the proceedings

Orders

  • Application by 10th defendant for leave to appeal dismissed
  • 10th defendant (LIU YUEN CHUNG STEVEN) to be joined to the proceedings