Hong Kong Case Law: Decisions & Judgments

Topic

Doctrine of lost modern grant

Legal area

Court

15 Jun 2018

HO MAN YUEN v. THE INCORPORATED OWNERS OF KIU YU AND KIU FAT MANSIONS

Citation

[2018] HKDC 700
Court

District Court
Case number

DCCJ2116/2015

Plaintiff failed to discharge the burden of proof for adverse possession: his evidence was unreliable and contradicted by documentary admissions and other witness evidence; consequently his possessory title claim and associated claims for easement and trespass damages fail; IO is entitled to recover possession and to remove unauthorised structures if plaintiff does not do so within the court‑ordered period, with costs and nominal damages awarded to IO.
5 Jan 2010

CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)

Citation

CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of Final Appeal
Case number

FACV2/2009

China Field's appeal was allowed on the proper construction of section 16(1)(h) of the Buildings Ordinance and China Field is entitled to costs from the Building Authority without deduction; Sun Honest's appeal was dismissed and Sun Honest must pay the Building Authority's costs; certificates of two counsel for China Field in the Court of Appeal and three counsel for the Building Authority against Sun Honest are appropriate given the differing complexities of the issues before the courts.
5 Jan 2010

SUN HONEST DEVELOPMENT LTD v. APPEAL TRIBUNAL (BUILDINGS)

Citation

SUN HONEST DEVELOPMENT LTD v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of Final Appeal
Case number

FACV3/2009

China Field's appeal on the construction of section 16(1)(h) was allowed and the Building Authority must pay China Field's costs without deduction; Sun Honest's appeal was dismissed and Sun Honest must pay the Building Authority's costs; certificates for counsel were awarded based on issue complexity (two counsel for China Field in the Court of Appeal; three counsel for the Building Authority against Sun Honest); costs of leave applications are part of appeal costs and prior costs orders are left undisturbed.

Hong Kong Case Law

HO MAN YUEN v. THE INCORPORATED OWNERS OF KIU YU AND KIU FAT MANSIONS

CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)

SUN HONEST DEVELOPMENT LTD v. APPEAL TRIBUNAL (BUILDINGS)