12 Dec 2024
CHAU TAT WING, suing in his own capacity and as the sole executor of the estate of WONG TIM LUN, deceased v. WONG KWAI WAN AND ANOTHER
- Citation
- [2024] HKDC 2067
- Court
- District Court
- Case number
- DCCJ3244/2022
Plaintiff's claims were dismissed because (i) the 2012 survey was certified by an authorised land surveyor who is statutorily responsible for accuracy (s.28), (ii) no actionable duty of care arose against the Director of Lands given statutory limitation of public liability (s.33) and absence of pleaded or proved duty/breach/causation, and (iii) the court will not act as an alternative forum to substitute its view for administrative procedures on survey records; consequently both defendants' liabilities were dismissed and the counterclaim was dismissed.