PARKMOST LTD v. WONG YEUNG ON

PARKMOST LTD v. WONG YEUNG ON

Because the Transitional Termination Notice had been validly served and expired and because the defendants' adverse possession counterclaim had been struck out (and earlier appeal dismissed), the defendants had no valid defence to the Plaintiff's claim for possession; accordingly the summary judgment for possession and the Master’s orders were upheld and the defendants' appeal dismissed.

Citation
PARKMOST LTD v. WONG YEUNG ON
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 December 2008
Case Number
HCA1193/2006
Procedural Posture
Possession (landlord and Tenant) / Appeal From Summary Judgment
Outcome
Appeal dismissed; decision of Master Hui upheld
Legal Topics
Summary Judgment, Possession, Transitional Termination Notice, Adverse Possession, Counterclaim, Striking Out, Costs
Source Language
EN
Landlord and Tenant Property Civil Procedure Equity Summary Judgment Possession Transitional Termination Notice Adverse Possession +3 more

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

Procedural Posture

Possession (landlord and Tenant) / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the expiration of a Transitional Termination Notice entitles the registered owner to possession
  2. 2 Whether the defendants can rely on a counterclaim for adverse possession after that counterclaim has been struck out
  3. 3 Whether a writ of summons was required after transfer from the Lands Tribunal

Ratio Decidendi

Because the Transitional Termination Notice had been validly served and expired and because the defendants' adverse possession counterclaim had been struck out (and earlier appeal dismissed), the defendants had no valid defence to the Plaintiff's claim for possession; accordingly the summary judgment for possession and the Master’s orders were upheld and the defendants' appeal dismissed.

Court Disposition

Appeal dismissed; decision of Master Hui upheld

Orders

  • Appeal dismissed
  • Summary judgment for possession against the Defendants upheld