Hong Kong Case Law: Decisions & Judgments

Topic

Conveyancing and property ordinance

Legal area

Court

20 May 2021

AU YEUNG SHUN MEI POON KIT FONG the manageresses of MAN WAH TONG, a Religious Tong v. JAN FUNG AND OTHERS

Citation

[2021] HKCFI 1432
Court

Court of First Instance
Case number

HCA595/2019

The 1st Defendant had no arguable defence to possession and summary judgment and striking out of specified paragraphs was correct; the 2nd Defendant raised a triable proprietary estoppel case (arguable assurance, substantial detriment via improvements and long volunteer service, and reliance), so the Master’s orders against him were set aside and he was granted unconditional leave to defend; the disputed factual issues require trial.
8 Jan 2019

YIK WAI PONG v. YICK PAK KIN

Citation

[2019] HKCFI 21
Court

Court of First Instance
Case number

HCA275/2015

Plaintiff failed to prove the existence of the alleged oral agreement and failed to establish proprietary estoppel, implied easement under Wheeldon v Burrows or s16 CPO, or prescription; use was shown to be permissive and/or insufficiently continuous and apparent at the relevant times, and erection of a locked gate with keys evidenced permission and exercise of ownership rights; accordingly the plaintiff's claims for a right of way were dismissed and costs were awarded to the defendant.
4 Nov 1998

DIREK MAHADUMRONGKUL v. LAU CHUN KEUNG and Others

Citation

DIREK MAHADUMRONGKUL v. LAU CHUN KEUNG and Others
Court

Court of Appeal
Case number

CACV133/1998

O.113 was not appropriate because the defendants occupied the disputed land in the exercise of an express right of way and there were substantive, triable issues (including prescription/adverse possession) unsuitable for summary determination; the judge acted within his discretion in ordering the proceedings to continue as if begun by writ and the Court of Appeal dismissed the appellant's challenge to that exercise of discretion.
27 Nov 1997

CHAN TAK SING v. WONG CHEUNG KONG AND OTHERS

Citation

CHAN TAK SING v. WONG CHEUNG KONG AND OTHERS
Court

Court of First Instance
Case number

HCMP941/1997

The 30 January 1997 requisition was out of time under clause 14(1) and therefore deemed waived; in any event the purchaser by their solicitors' conduct accepted the vendor's title; the vendor had shown a good title and the Plaintiff's Originating Summons is dismissed.
1 Dec 1987

KAN WING YAU AND ANOTHER v. HONG KONG HOUSING SOCIETY

Citation

KAN WING YAU AND ANOTHER v. HONG KONG HOUSING SOCIETY
Court

Court of First Instance
Case number

HCMP2436/1987

Given compelling documentary and circumstantial evidence that the donor named in the 1964 power and the person in the 1973 assignment were the same and the long, consistent possession and title history, the theoretical risk of revocation was illusory and not a practical blot on title; accordingly a good title was declared despite non-production of the power and non‑compliance with s.5(4).

Hong Kong Case Law

AU YEUNG SHUN MEI POON KIT FONG the manageresses of MAN WAH TONG, a Religious Tong v. JAN FUNG AND OTHERS

YIK WAI PONG v. YICK PAK KIN

DIREK MAHADUMRONGKUL v. LAU CHUN KEUNG and Others

CHAN TAK SING v. WONG CHEUNG KONG AND OTHERS

KAN WING YAU AND ANOTHER v. HONG KONG HOUSING SOCIETY