31 Dec 2024
HUI WING SZE v. CHIU KA KEUNG
- Citation
- [2024] HKDC 2169
- Court
- District Court
- Case number
- DCCJ441/2021
Leave to appeal was refused because the judge found no reasonably arguable grounds: the trial judge correctly treated the plaintiff as bearing the evidential burden on the Licence Agreement interpretation; there was ample circumstantial and direct evidence to support a finding that the defendant and predecessor mistakenly believed they owned the Trespassed Area and exercised factual possession with the requisite intention to exclude co-owners, thereby establishing adverse possession; issues about s.9(1) Limitation Ordinance and DMC enforcement were either unsupported by trial evidence or conf…