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Hong Kong decisions
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The District Court granted default declarations that the plaintiffs had acquired possessory title by adverse possession and could seek compensation after government resumption.
The District Court ordered the withdrawing defendants to pay the costs of the withdrawn injunction summons, refusing indemnity costs and ordering party-and-party taxation.
The Lands Tribunal assessed compensation for resumed land at HK$14,570,000, finding no realistic redevelopment potential and accepting the expert’s existing-use valuation.
The court granted default declaratory relief in an adverse possession claim, holding that the plaintiff had occupied the flat exclusively for more than 12 years and acquired possessory title.
The Court of Appeal dismissed the Director of Lands’ appeal, holding that the published ex gratia compensation policy for resumed building land applies to the whole site, not just the buildable portion.
The Court of First Instance held that the plaintiff and his family had adversely possessed the subject land for over 20 years and granted declaratory relief despite government resumption.
The District Court held that Yu Pak Kan proved adverse possession of the disputed portion, rejected the licence argument, and dismissed the defendant’s counterclaim.
The court held that Yu Pak Kan proved exclusive possession and animus possidendi over the disputed Portion, granting possessory title and dismissing the defendant’s claim.
The Lands Tribunal fixed statutory interest at the lowest 24-hour call deposit rate, ordered refund of overpayment with interest, and split costs around the sealed offer.
Costs ruling in three land resumption applications: the Tribunal fixed interest at 6% on compensation-related sums, held the Calderbank offers did not beat the awards, and ordered costs and professional remuneration against the respondent.
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