15 Apr 2005
CHINA OVERSEAS GRAND GAIN PROPERTY DEVELOPMENT LTD v. MOK YUEN FUN AND PERSONS UNKNOWN
- Citation
- CHINA OVERSEAS GRAND GAIN PROPERTY DEVELOPMENT LTD v. MOK YUEN FUN AND PERSONS UNKNOWN
- Court
- Court of First Instance
- Case number
- HCMP968/1999
Bound by the Court of Appeal in Chan Tin Shi, the judge held that section 6 of the Extension Ordinance creates a new estate restarting the limitation period, that section 7 does not protect the defendant's adverse possession in this context, and that the plaintiff's registered documentary title (showing extension to 2047) defeats any arguable defence; accordingly the defence and counterclaim disclose no reasonable cause and must be struck out.