20 Aug 2024
CHU HOI (INTERNATIONAL) LTD v. CHOW KWOK FONG
- Citation
- [2024] HKCA 788
- Court
- Court of Appeal
- Case number
- CACV395/2022
The Court allowed the appeal because the Applicant's pleaded case in Form 22 was materially inconsistent with documents it produced (showing termination of tenancy in 2008), the Applicant failed to discharge the duty of full and frank disclosure in an ex parte default application, and the Respondent's newly admitted evidence established a real prospect of success on an adverse possession defence under Limitation Ordinance s7(2); the question whether illegality defeats that defence requires fact‑finding and could not be resolved against the Respondent at this interlocutory stage, therefore the…