LI SAU SING v. CTMA HOLDINGS LTD AND OTHERS

LI SAU SING v. CTMA HOLDINGS LTD AND OTHERS

The Amended Statement of Claim failed to plead facts establishing that the plaintiff's possession was without the defendants' consent; because default judgment is limited to the pleaded case, the court could not find adverse possession on the pleadings and dismissed the application.

Source-derived case information.

Citation
LI SAU SING v. CTMA HOLDINGS LTD AND OTHERS
Parties
Plaintiff: LI SAU SING; 1st Defendant: CTMA HOLDINGS LIMITED; 2nd Defendant: HONG KIN YAT; 3rd Defendant: LOYAL MAX CORPORATION LIMITED; 4th Defendant: CHAN YUEN TING; 5th Defendant: CHAN YUEN TING as the administratrix of the estate of SO CHUNG WO, deceased; 6th Defendant: CHENG KIN MING; 7th Defendant: LAM TAM LUEN; 8th Defendant: CHAU KA CHUN as the executor of the estate of NGO TSIN (or CHIN) TO, the deceased owner of 4th Floor of No 217 Castle Peak Road; 9th Defendant: TSANG KWOK KIN; 10th Defendant: LEUNG TING BU; 11th Defendant: LEI CHENG UK AND LAI KOK ESTATE CHIU CHOW KUNG SHEUNG YUE LAN ASSOCIATION LIMITED; 12th Defendant: TO WAI HUNG; 13th Defendant: SIU MING; 14th Defendant: TSANG KOON FOO; 15th Defendant: YAU LIN KIU; 16th Defendant: CHU HAU YIN; 17th Defendant: LAW YUEN KING WAH NENA; 18th Defendant: URBAN RENEWAL AUTHORITY
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 October 2015
Case Number
DCCJ4825/2014
Procedural Posture
Declaration of Possessory Title / Adverse Possession / Application for Default Judgment (chambers Hearing)
Outcome
Application for default judgment dismissed; no order as to costs.
Legal Topics
Adverse Possession, Default Judgment, Pleaded Case, Limitation Ordinance
Source Language
en
Property Civil Procedure Limitation Law Adverse Possession Default Judgment Pleaded Case Limitation Ordinance

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Parties

LI SAU SING

Plaintiff

CTMA HOLDINGS LIMITED

1st Defendant

HONG KIN YAT

2nd Defendant

LOYAL MAX CORPORATION LIMITED

3rd Defendant

CHAN YUEN TING

4th Defendant

CHAN YUEN TING as the administratrix of the estate of SO CHUNG WO, deceased

5th Defendant

CHENG KIN MING

6th Defendant

LAM TAM LUEN

7th Defendant

CHAU KA CHUN as the executor of the estate of NGO TSIN (or CHIN) TO, the deceased owner of 4th Floor of No 217 Castle Peak Road

8th Defendant

TSANG KWOK KIN

9th Defendant

LEUNG TING BU

10th Defendant

LEI CHENG UK AND LAI KOK ESTATE CHIU CHOW KUNG SHEUNG YUE LAN ASSOCIATION LIMITED

11th Defendant

TO WAI HUNG

12th Defendant

SIU MING

13th Defendant

TSANG KOON FOO

14th Defendant

YAU LIN KIU

15th Defendant

CHU HAU YIN

16th Defendant

LAW YUEN KING WAH NENA

17th Defendant

URBAN RENEWAL AUTHORITY

18th Defendant

Procedural Posture

Declaration of Possessory Title / Adverse Possession / Application for Default Judgment (chambers Hearing)

Legal Issues

  1. 1 Whether the plaintiff's pleaded facts establish possession adverse to the registered owners
  2. 2 Whether default judgment can be granted on the pleaded case where no defence or notice of intention to defend was filed

Ratio Decidendi

The Amended Statement of Claim failed to plead facts establishing that the plaintiff's possession was without the defendants' consent; because default judgment is limited to the pleaded case, the court could not find adverse possession on the pleadings and dismissed the application.

Court Disposition

Application for default judgment dismissed; no order as to costs.

Orders

  • Application for default judgment dismissed.
  • No order as to costs.