Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Limitation ordinance defences

Legal area

Court

7 Oct 2016

ANTHONY ERIC RYAN HOTUNG v. HO YUEN KI

Citation

ANTHONY ERIC RYAN HOTUNG v. HO YUEN KI
Court

Court of First Instance
Case number

HCA1216/2006

Leave to amend was granted because the proposed amendments (including paragraph 11A alleging deliberate non-disclosure and allegations based on non-compliance with earlier court orders) arose out of the same facts already pleaded, did not cause irremediable prejudice that could not be compensated by costs notwithstanding the defendant's health constraints, and it was appropriate for the merits to be finally ventilated at trial subject to costs and consequential pleadings.
2 Aug 2012

THE INCORPORATED OWNERS OF MOUNTAIN VIEW MANSION v. HEART CUISINE AND OTHERS

Citation

THE INCORPORATED OWNERS OF MOUNTAIN VIEW MANSION v. HEART CUISINE AND OTHERS
Court

Court of Appeal
Case number

CACV235/2011

Where a part of a building is a common part governed by the DMC and BMO, covenants attached to that common part run with the land and bind occupiers including adverse possessors; accordingly adverse possession and Limitation Ordinance defences do not defeat enforcement by the incorporated owners in the Lands Tribunal; the Tribunal had jurisdiction and an injunction to restore and restrain was appropriate; the respondents failed to prove adverse possession or justify delay; appeal dismissed.