WONG HON WING (黃漢榮), WONG WAI SUN (黃維新) and WONG MAN HING (黃文興) as managers of WONG TUNG I or Yi Tong (alias TUNG YI TONG) (黃同義堂) (別名 同義堂) 對PERSON(S) UNKNOWN in occupation of the area known as or referred as Sub-Section 4 of Section A of Lot No. 2039 and the Remaining Portion of Section A of Lot No. 2039 in both Demarcation District No. 120, Yuen Long, New Territories 及另一人

WONG HON WING (黃漢榮), WONG WAI SUN (黃維新) and WONG MAN HING (黃文興) as managers of WONG TUNG I or Yi Tong (alias TUNG YI TONG) (黃同義堂) (別名 同義堂) 對PERSON(S) UNKNOWN in occupation of the area known as or referred as Sub-Section 4 of Section A of Lot No. 2039 and the Remaining Portion of Section A of Lot No. 2039 in both Demarcation District No. 120, Yuen Long, New Territories 及另一人

The court refused leave because the pleaded defence and counterclaim sufficiently disclosed an adverse possession case, plaintiffs and their counsel had clear notice and engaged with that issue at trial, the evidence (including witness testimony and aerial material) supported a finding of exclusive adverse...

Source-derived case information.

Citation
[2025] HKDC 334
Parties
Plaintiff: WONG HON WING (黃漢榮); Plaintiff: WONG WAI SUN (黃維新); Plaintiff: WONG MAN HING (黃文興); Defendant: PERSON(S) UNKNOWN in occupation of Sub-Section 4 of Section A of Lot No.2039 and the Remaining Portion of Section A of Lot No.2039; Defendant: NG FAN KONG
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 March 2025
Case Number
DCMP1263/2020
Procedural Posture
Order 113 Application (district Court Miscellaneous Proceedings DCMP 1263/2020) / Application for Leave to Appeal Against Adverse Possession Finding and Application for Stay of Execution of Return Order
Outcome
All applications dismissed; leave to appeal refused; application for stay of execution refused; costs awarded to second defendant
Legal Topics
Adverse Possession, Leave to Appeal, Stay of Execution, Pleadings and Trial Issues, Boundary Dispute, Costs
Source Language
ch
Property Law Land Title Adverse Possession Civil Procedure Appeal Leave to Appeal Stay of Execution Pleadings and Trial Issues +2 more

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Parties

WONG HON WING (黃漢榮)

Plaintiff

WONG WAI SUN (黃維新)

Plaintiff

WONG MAN HING (黃文興)

Plaintiff

PERSON(S) UNKNOWN in occupation of Sub-Section 4 of Section A of Lot No.2039 and the Remaining Portion of Section A of Lot No.2039

Defendant

NG FAN KONG

Defendant

Procedural Posture

Order 113 Application (district Court Miscellaneous Proceedings DCMP 1263/2020) / Application for Leave to Appeal Against Adverse Possession Finding and Application for Stay of Execution of Return Order

  1. 1 Whether the defendant had properly pleaded adverse possession in the defence and counterclaim
  2. 2 Whether the judge erred in finding adverse possession given the pleadings and trial conduct
  3. 3 Whether plaintiffs were unaware of the adverse possession case and thereby deprived of a fair opportunity to meet it

Ratio Decidendi

The court refused leave because the pleaded defence and counterclaim sufficiently disclosed an adverse possession case, plaintiffs and their counsel had clear notice and engaged with that issue at trial, the evidence (including witness testimony and aerial material) supported a finding of exclusive adverse possession notwithstanding absence of fencing, and consequently the proposed grounds lacked a reasonable prospect of success; the stay was refused because no irreparable prejudice from execution was established.

Court Disposition

All applications dismissed; leave to appeal refused; application for stay of execution refused; costs awarded to second defendant

Orders

  • Leave to appeal refused
  • Application for stay of execution of the return order refused