Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Limitation ordinance s22 (disability)
  • 2 Feb 2016

    CHEUNG JACK HUI-FUNG v. SHUM YEE MEE

    Citation
    CHEUNG JACK HUI-FUNG v. SHUM YEE MEE
    Court
    District Court
    Case number
    DCCJ795/2009

    Court found on balance that (1) Madam Tang did not abandon the property and had taken steps in 1980-82 showing intent to retain her interest; (2) defendant failed to prove the necessary animus possidendi to establish adverse possession; (3) medical records and expert opinion established that Madam Tang suffered delusional disorder from not later than 31 May 1995 until death in 2008 so s22 extended limitation; and (4) laches/acquiescence did not bar the claim where statutory limitation applied — therefore plaintiff entitled to possession and defendant's counterclaim dismissed.