TANG CHO SANG AND OTHERS v. TANG WAN HOI
The court, satisfied there was a genuine need for declaratory relief and that the Defendant had not contested the claim after substituted service, declared that the Defendant's right and title to Lot 306 are statute-barred and extinguished under s7(2) and s17 of the Limitation Ordinance (Cap 347) and that the...
Source-derived case information.
- Citation
- TANG CHO SANG AND OTHERS v. TANG WAN HOI
- Parties
- Plaintiff: Tang Cho Sang; Plaintiff: Tso (as managers); Defendant: Defendant
- Court
- District Court
- Jurisdiction
- Hong Kong
- Judgment Date
- 15 June 2010
- Case Number
- DCCJ3014/2009
- Procedural Posture
- Land / Declaration (writ) / Default Judgment Application Under Order 19 Rule 7 After Substituted Service
- Outcome
- Declarations granted in favour of the Plaintiffs; no order as to costs.
- Legal Topics
- Possessory Title, Statute Barred Title, Limitation Ordinance S7(2), Limitation Ordinance S17, Declaratory Relief, Substituted Service, Land Resumption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tang Cho Sang
Plaintiff
Tso (as managers)
Plaintiff
Defendant
Defendant
Procedural Posture
Land / Declaration (writ) / Default Judgment Application Under Order 19 Rule 7 After Substituted Service
Legal Issues
- 1 Whether the Defendant's right and title to Lot 306 are statute-barred and extinguished under s7(2) and s17 of the Limitation Ordinance (Cap 347)
- 2 Whether the Plaintiffs (the Tso or their managers, including Tang Cho Sang) have acquired a possessory title to the Suit Land for the remainder of the Government Lease to 30 June 2047
- 3 Whether the court may grant declaratory relief without a full trial in the circumstances presented
Ratio Decidendi
The court, satisfied there was a genuine need for declaratory relief and that the Defendant had not contested the claim after substituted service, declared that the Defendant's right and title to Lot 306 are statute-barred and extinguished under s7(2) and s17 of the Limitation Ordinance (Cap 347) and that the Plaintiffs (Tang Cho Sang and the Tso as managers) have acquired a possessory title to the Suit Land for the residue of the Government Lease to 30 June 2047.
Court Disposition
Declarations granted in favour of the Plaintiffs; no order as to costs.
Orders
- Declaration that the Defendant's right to recover Lot 306 in Demarcation District No. 132 and the Defendant's title thereto have become statute-barred and extinguished under and by virtue of s7(2) and s17 of the Limitation Ordinance, Cap 347
- Declaration that Tang Cho Sang and the Tso (as managers) have acquired a possessory title to Lot 306 for the residue of the Government Lease up to 30 June 2047
Full Case Text
Judgment text and source record
1 paragraphs
bjbjC :OtD ____________________ JUDGMENT ____________________ 1. By a Writ of Summons issued on 26 June 2009 the Plaintiffs seek a declaration against the Defendant that :- 1.1 Defendant's right to recover Lot No. 306 in Demarcation District No. 132 ("the Suit Land") and Defendant's title thereto have become statute-barred and extinguished by virtue of s7(2) and s17 of the Limitation Ordinance (Cap. 347); and 1.2 the Tso or Plaintiffs as managers thereof has/have acquired a possessory title to the Suit Land for the entire residue of the Government Lease of the Suit land up to 30 June 2047. 2. The service of the Writ was effected by way of substituted service on 5 March 2010 pursuant to an Order of Master S Lo of 1 February 2010. No Notice of Intention to Defend was filed by the Defendant and the Plaintiffs have applied under Order 19 Rule 7 for Judgment to be entered against the Defendant. 3. It is not normal practice of the Court to make a declaration without a trial but this is not an inflexible rule. The Court will be prepared to grant the declaratory relief where the Plaintiff has a genuine need for such relief. The Plaintiffs' solicitors undertook and duly filed an affirmation by Mr. Tang Chee Ho duly exhibiting the Land Resumption Notice (G.N. 2174) of 1 April 2009. I am therefore satisfied that there is a genuine need for the Plaintiffs to claim the relief that they have sought. I therefore make an Order as follows subject to my amendments to the English name of the Plaintiffs below :- (1) A Declaration that the Defendant's right to recover Lot 306 in Demarcation District No. 132 ("Lot 306") and the Defendant's title thereto have become statute-barred and extinguished under and by virtue of s7(2) and s17 of the Limitation Ordinance, Cap 347; (2) A Declaration that Tang Cho Sang ( he Government Lease of Lot 306 up to 30 June 2047; (3) There be no order as to costs in this action. Geoffrey Chan Deputy District Court Judge Mr. Alric TANG of Messrs. Wong, Hui & Co. for the Plaintiff. Defendant In Person, absent. - PAGE - FILENAME DCCJ003014_2009.doc b}v" @CutePDF Writer CPW2: winspool CutePDF Writer CutePDF Writer PRIVB0 CutePDF Writer PRIVB0 DCCJ 3014/2009 GYMCSEC Normal.dot setup Microsoft Word 9.0 DCCJ 3014/2009 Title MAIL_MSG_ID1 MAIL_MSG_ID2 RESPONSE_SENDER_NAME EMAIL_OWNER_ADDRESS gFAACRwgU2+mnxnyNqua7iQAjq1k2SvLED6D5NyO87OfLxqufXTEF1CHB97khR8gZm4780QHStAHtHZK NJ0MOjB8Ahv9mFKnhXPvaadV5ZECxFBz24eNHeNrQIaLyhU32WHIn5XUwQzjPj1KNJ0MOjB8Ahv9 mFKnhXPvaadV5ZECxFBz24eNHeNrQD7K634dNKFr6EiaOPxySktyuG1rNCz7UBbQ5FBY+NCR0Bvu LMWNKGuzHJAfuoEhD bOFoHb6SwMZn6IxUmNaE7ucfMk50Cn+5qKtZmsYfNsjzFbheueY3gio9bDd 3hvipxiOKOxRPDH1T0M/E7D2740g/LKhUusDIw== sAAAXRTqSjcrLAq1ZiTs0+muy1Bkww0RONwt71C5XELfDoo= 4AAA9DNYQidmug7oMe3Nep8h/dPtlYOChTqP0Ouesuno47lvw5BVIcC+Sg== Microsoft Word Document MSWordDoc Word.Document.8