WONG CHEE SING (OR WONG CHE SING) (黃志成) (by his next friend WONG TAK KWAN LILIAN) v. HUNG WAH TRADING AS TAK HING LUNG MEDICINE CO AND ANOTHER

WONG CHEE SING (OR WONG CHE SING) (黃志成) (by his next friend WONG TAK KWAN LILIAN) v. HUNG WAH TRADING AS TAK HING LUNG MEDICINE CO AND ANOTHER

The application for leave to appeal was dismissed because the proposed appeal had no reasonable prospect of success: the judge found that factual possession was not established given that the registered owner also dealt with the property, and that the 1st defendant's claim of mistaken belief was rejected as dishonest so he lacked animus possidendi; the appellant did not demonstrate any error of law or an unreasonable factual finding.

Citation
[2021] HKDC 834
Parties
Plaintiff: Plaintiff (registered owner); 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant (All Occupants)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 July 2021
Case Number
DCMP1988/2018
Procedural Posture
Miscellaneous Proceedings (adverse Possession) / Application for Leave to Appeal to the Court of Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
Adverse Possession, Leave to Appeal, Factual Possession, Animus Possidendi, Costs
Source Language
EN
Property Law Civil Procedure Land Title Disputes Adverse Possession Leave to Appeal Factual Possession Animus Possidendi Costs

Case Brief

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Parties

Plaintiff (registered owner)

Plaintiff

1st Defendant

1st Defendant

2nd Defendant (All Occupants)

2nd Defendant

Procedural Posture

Miscellaneous Proceedings (adverse Possession) / Application for Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the applicant has a reasonable prospect of success on appeal
  2. 2 Whether the 1st defendant established factual possession
  3. 3 Whether the 1st defendant had animus possidendi

Ratio Decidendi

The application for leave to appeal was dismissed because the proposed appeal had no reasonable prospect of success: the judge found that factual possession was not established given that the registered owner also dealt with the property, and that the 1st defendant's claim of mistaken belief was rejected as dishonest so he lacked animus possidendi; the appellant did not demonstrate any error of law or an unreasonable factual finding.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Costs of the application, except the costs of court attendance on 18 May 2021, to the Plaintiff to be taxed if not agreed
  • No order as to costs for the court attendance on 18 May 2021