10 Feb 2021
WONG CHAAU HOP as sole administratrix of LEUNG FUNG, deceased v. CHEUNG CHI WAI
- Citation
- [2021] HKCFI 318
- Court
- Court of First Instance
- Case number
- HCMP2342/2015
The court held that for an administrator claiming land of an intestate, time for limitation runs from the deceased's date of death under s16 read with ss7 and 8 of the Limitation Ordinance; the plaintiff was precluded from relying on an alleged will contrary to her pleaded intestacy so s26(1)(b) concealment did not delay limitation; documentary evidence established continuous adverse possession by the defendant from 1992 which extinguished the plaintiff's title, and the defendant failed to discharge the burden of proof for resulting or constructive trust or proprietary estoppel.