Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Chinese customary trust

Legal area

Court

31 Dec 2024

TIN HAU WUI ALSO KNOWN AS TANG TIN HAU WUI WITH TANG FUK LEUNG AS THE MANAGER v. TING WAI MING AND ANOTHER

Citation

[2024] HKDC 2203
Court

District Court
Case number

DCMP356/2013

The review summons under Order 62 r33 was dismissed because the plaintiff failed to comply with the procedural requirements and time limits of that rule and, on the merits, the costs of the Order 14A hearing were not "costs occasioned by the counterclaim" under s16C(1)(b)(ia) LAO because the Order 14A determination disposed of the main cause by rejecting the adverse possession defence; thus the Director of Legal Aid was not liable for those costs.
19 Feb 2019

TIN HAU WUI also known as TANG TIN HAU WUI with TANG FUK LEUNG as the Manager v. TING WAI MING AND ANOTHER

Citation

[2019] HKDC 216
Court

District Court
Case number

DCMP356/2013

The court found on the evidence (historical records, District Office and Rural Committee recognition, managers' appointments, distribution of compensation and birth certificates of 10 new members) that the plaintiff is a Chinese customary hereditary trust within s.15 NTO; applying Leung Kuen Fai, the births of the 10 new members meant the 1st defendant could not extinguish the plaintiff's title by adverse possession, therefore the plaintiff was entitled to judgment for recovery of possession, demolition, mesne profits and costs.