5 Jan 2006
MOK YUEN FUN AND ANOTHER v. CHINA OVERSEAS GRAND GAIN PROPERTY DEVELOPMENT LTD
- Citation
- MOK YUEN FUN AND ANOTHER v. CHINA OVERSEAS GRAND GAIN PROPERTY DEVELOPMENT LTD
- Court
- Court of Final Appeal
- Case number
- FACV12/2005
Section 6 of the New Territories Leases (Extension) Ordinance extends the term of the existing leases (plain meaning) so the leases remain the same estates with extended terms; accordingly where the lessee's right of action to recover possession had become barred under the Limitation Ordinance and its title extinguished as against squatters by s.17, the lessee remained barred and the appeals by the squatters succeed. The Court allowed the appeals and restored the declarations/reliefs below; the cross‑appeal on factual adverse possession was dismissed.