TSANG KIU v. FULLAND INTERNATIONAL LTD AND OTHERS

TSANG KIU v. FULLAND INTERNATIONAL LTD AND OTHERS

The court found on the balance of probabilities that the plaintiff had exclusive possession of the house (pink area) and the house extensions/temporary structure and canopy (yellow area) but did not have exclusive possession of the front yard (orange and indigo), the back ditch/slope (brown), or the green area; accordingly the 1st defendant’s title in respect of the pink and yellow areas in Lot 59 is extinguished under s7 Limitation Ordinance, other claims are dismissed, and the claim against the 2nd defendant is dismissed.

Citation
[2019] HKDC 676
Parties
Plaintiff: Tsang Kiu; 1st Defendant: Fulland International Limited; 2nd Defendant: Representatives of the estate of Lau Wong Fat (Lau Ng Mui Chu; Lau Lai Fan Beatrix; Lau Lai Wah Pauline); 3rd Defendant (discontinued): Tang Ku Yam Tso
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 May 2019
Case Number
DCCJ1791/2012
Procedural Posture
Adverse Possession / Trial — Judgment
Outcome
Plaintiff succeeds in part; declaration that 1st defendant’s title to pink and yellow areas in Lot 59 extinguished; all other claims dismissed; claim against 2nd defendant dismissed; costs ordered nisi against plaintiff.
Legal Topics
Adverse Possession, Factual Possession, Exclusive Possession, Common Passage/access, Proprietary Estoppel, Limitation Ordinance S7
Source Language
EN
Property Law Land Law Limitation Law Adverse Possession Factual Possession Exclusive Possession Common Passage/access Proprietary Estoppel +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Tsang Kiu

Plaintiff

Fulland International Limited

1st Defendant

Representatives of the estate of Lau Wong Fat (Lau Ng Mui Chu; Lau Lai Fan Beatrix; Lau Lai Wah Pauline)

2nd Defendant

Tang Ku Yam Tso

3rd Defendant (discontinued)

Procedural Posture

Adverse Possession / Trial — Judgment

Legal Issues

  1. 1 Whether the plaintiff had factual possession and intention to exclude the world in respect of each of six identified areas (pink, yellow, orange, indigo, brown, green)
  2. 2 Whether parts of the front yard constituted a common passage used by villagers defeating exclusivity
  3. 3 Whether plaintiff’s title to any areas extinguished under Limitation Ordinance s7

Ratio Decidendi

The court found on the balance of probabilities that the plaintiff had exclusive possession of the house (pink area) and the house extensions/temporary structure and canopy (yellow area) but did not have exclusive possession of the front yard (orange and indigo), the back ditch/slope (brown), or the green area; accordingly the 1st defendant’s title in respect of the pink and yellow areas in Lot 59 is extinguished under s7 Limitation Ordinance, other claims are dismissed, and the claim against the 2nd defendant is dismissed.

Court Disposition

Plaintiff succeeds in part; declaration that 1st defendant’s title to pink and yellow areas in Lot 59 extinguished; all other claims dismissed; claim against 2nd defendant dismissed; costs ordered nisi against plaintiff.

Orders

  • Declare that the 1st defendant’s title in respect of the pink and yellow areas located in Lot 59 (as identified in Plan 2) has been extinguished pursuant to section 7 of the Limitation Ordinance
  • Dismiss the plaintiff’s claims against the 1st defendant in respect of Lots 69 and 73