SHUEN KWONG TEMPLE LTD v. LAM LEUNG CHUN AND ANOTHER

SHUEN KWONG TEMPLE LTD v. LAM LEUNG CHUN AND ANOTHER

At the interlocutory stage the court will not strike out pleaded matters or grant declaratory relief where there are triable issues of fact about possession; strike out is inappropriate absent clear demonstration that the pleadings disclose no reasonable cause of action or defence and that there is no factual dispute requiring trial.

Citation
[2019] HKCFI 2446
Parties
Plaintiff: Plaintiff; Defendants: Defendants; Third Party: Third Party; Alleged Prior Possessor: Ms Sin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 October 2019
Case Number
HCA115/2018
Procedural Posture
Civil (property Possession) / Inter Partes Summons / Interlocutory Application (strike Out and Declaration on Adverse Possession)
Outcome
Interlocutory applications considered; no final determination of adverse possession set out in the excerpt; strike out relief not recorded as granted in the provided text.
Legal Topics
Adverse Possession, Exclusive Possession, Licensee Vs Adverse Possessor, Strike Out for No Reasonable Cause of Action/defence, Hearing De Novo, Amendment of Pleadings
Source Language
EN
Property Law Civil Procedure Adverse Possession Exclusive Possession Licensee Vs Adverse Possessor Strike Out for No Reasonable Cause of Action/defence Hearing De Novo Amendment of Pleadings

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Parties

Plaintiff

Plaintiff

Defendants

Defendants

Third Party

Third Party

Ms Sin

Alleged Prior Possessor

Procedural Posture

Civil (property Possession) / Inter Partes Summons / Interlocutory Application (strike Out and Declaration on Adverse Possession)

Legal Issues

  1. 1 Whether the plaintiff and Ms Sin established continuous exclusive adverse possession of the Property sufficient to claim title
  2. 2 Whether possession was that of a licensee rather than adverse possession
  3. 3 Whether specified paragraphs of the Defence and Counterclaim disclose any reasonable defence or cause of action and should be struck out

Ratio Decidendi

At the interlocutory stage the court will not strike out pleaded matters or grant declaratory relief where there are triable issues of fact about possession; strike out is inappropriate absent clear demonstration that the pleadings disclose no reasonable cause of action or defence and that there is no factual dispute requiring trial.

Court Disposition

Interlocutory applications considered; no final determination of adverse possession set out in the excerpt; strike out relief not recorded as granted in the provided text.