25 Nov 2002
MUTUAL LUCK INVESTMENT LTD. v. YEUNG CHI KUEN & OTHERS
- Citation
- MUTUAL LUCK INVESTMENT LTD. v. YEUNG CHI KUEN & OTHERS
- Court
- Court of First Instance
- Case number
- HCA1871/2000
The 39th Defendant's adverse possession defence failed. On the facts the occupation was not adverse because the occupiers were sub‑tenants who paid rent (possession with consent) and the right of action only accrued after termination of the tenancy in 1990; further, even if adverse possession had arisen against a lessee, the statutory extension of New Territories leases under Cap.150 produced a new legal estate that is the maturing/continuation of the prior leasehold interest and the rationale in Chung Ping Kwan applies so that the lessee's specifically enforceable right to the extended lease…