3 Dec 2015
CHAN MEI LIN AND OTHERS v. LEE HONG
- Citation
- CHAN MEI LIN AND OTHERS v. LEE HONG
- Court
- Court of Appeal
- Case number
- CACV44/2015
The Court allowed the appeal and granted leave to amend because the additional allegations (occupation since 2001, completion of additional storey, and fencing-off since 2011, and revocation of licence) were properly regarded as further acts in a continuous trespass and breaches of licence intimately connected with the defendant's pleaded assertion of beneficial title; therefore they arose out of the same or substantially the same facts as the existing defence and counterclaim and were not time-barred; the injunction claim is intertwined with title and not merely contractual enforcement.