23 Jun 2020
CHAN SAN v. HANS LI, the person appointed to represent the estate of KAM SHUI MAN, the Deceased AND OTHERS
- Citation
- [2020] HKCA 501
- Court
- Court of Appeal
- Case number
- CACV189/2019
The Court of Appeal set aside the trial judge's findings on Area B because the judgment overlooked or misunderstood relevant matters and the appellate court could not confidently resolve the factual disputes; consequently the claim as to Area B is remitted for retrial before Wilson Chan J to allow both parties to adduce further evidence on construction and use of the road and whether adverse possession is established; on costs the 1st Defendant must pay 50% of the Plaintiff's costs of the appeal, costs below are set aside and will be determined by the trial judge after the remitted trial; the…
- Remitter for retrial
- Adverse possession (factual possession and animus possidendi)
- Costs allocation and sanctions
- Sanctioned offers and disclosure
- Appellate discretion to order retrial