WONG CHONG KWAI YIN v. TANG LAN FONG AND ANOTHER

WONG CHONG KWAI YIN v. TANG LAN FONG AND ANOTHER

The application by the 2nd Defendant to be struck out was dismissed because the plaintiff has substantive non-title claims (injunction and damages) and requires a declaration of better title to prevent successor-in-title claims; sale of the property by the 2nd Defendant did not extinguish those live claims and therefore he must remain a party.

Citation
WONG CHONG KWAI YIN v. TANG LAN FONG AND ANOTHER
Parties
Plaintiff: Plaintiff; 1st Defendant: Ms. Tang Lan Fong; 2nd Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 March 2006
Case Number
HCA939/2005
Procedural Posture
Civil Property/title Dispute With Claims for Injunction and Damages / Interlocutory Application by 2nd Defendant to Be Struck Out as a Party
Outcome
Application by 2nd Defendant dismissed; 2nd Defendant to remain a party to the action.
Legal Topics
Title Dispute, Strike Out Party, Injunction, Damages, Costs
Source Language
EN
Property Law Civil Procedure Tort Equitable Relief Title Dispute Strike Out Party Injunction Damages +1 more

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Parties

Plaintiff

Plaintiff

Ms. Tang Lan Fong

1st Defendant

2nd Defendant

2nd Defendant

Procedural Posture

Civil Property/title Dispute With Claims for Injunction and Damages / Interlocutory Application by 2nd Defendant to Be Struck Out as a Party

Legal Issues

  1. 1 Whether a defendant who has sold the disputed property can be struck out as a party
  2. 2 Whether plaintiff's non-title claims (injunction and damages for harassment/nuisance) justify retaining the defendant as a party
  3. 3 Whether a declaration of better title should be granted to preclude claims by successors in title

Ratio Decidendi

The application by the 2nd Defendant to be struck out was dismissed because the plaintiff has substantive non-title claims (injunction and damages) and requires a declaration of better title to prevent successor-in-title claims; sale of the property by the 2nd Defendant did not extinguish those live claims and therefore he must remain a party.

Court Disposition

Application by 2nd Defendant dismissed; 2nd Defendant to remain a party to the action.

Orders

  • Costs of and occasioned by this application to the Plaintiff to be borne by 2nd Defendant
  • Costs assessed in favour of the Plaintiff in the sum of $1,500.00