THOUSAND TREASURE INVESTMENT LTD v. PINKTON LTD

THOUSAND TREASURE INVESTMENT LTD v. PINKTON LTD

The defendant failed to prove 12 years of uninterrupted adverse possession because the trial judge preferred the plaintiff's independent witnesses over the defendant's witness; therefore the application for leave to appeal had no realistic prospect of success and was refused.

Citation
THOUSAND TREASURE INVESTMENT LTD v. PINKTON LTD
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 January 2010
Case Number
DCCJ3540/2006
Procedural Posture
Possession Adverse Possession / Leave to Appeal (post Trial)
Outcome
Application for leave to appeal refused; application for stay of execution refused; costs awarded to the plaintiff.
Legal Topics
Adverse Possession, Possession Claim, Leave to Appeal, Assessment of Witness Credibility
Source Language
EN
Property Law Adverse Possession Civil Procedure Evidence Possession Claim Leave to Appeal Assessment of Witness Credibility

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Possession Adverse Possession / Leave to Appeal (post Trial)

Legal Issues

  1. 1 Whether the defendant established 12 years of uninterrupted adverse possession
  2. 2 Whether an adverse inference should be drawn from the plaintiff's failure to call the former owner or former owner's solicitors
  3. 3 Credibility assessment of competing witness evidence

Ratio Decidendi

The defendant failed to prove 12 years of uninterrupted adverse possession because the trial judge preferred the plaintiff's independent witnesses over the defendant's witness; therefore the application for leave to appeal had no realistic prospect of success and was refused.

Court Disposition

Application for leave to appeal refused; application for stay of execution refused; costs awarded to the plaintiff.

Orders

  • Leave to appeal refused
  • Stay of execution refused