Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

New territories leases (extension) ordinance s6

Legal area

Court

13 Aug 2005

LUNG KING HONG LTD v. KONG YUK CHING AND OTHERS

Citation

LUNG KING HONG LTD v. KONG YUK CHING AND OTHERS
Court

District Court
Case number

DCCJ622/2005

Because the default judgment was regular the defendants bore the burden to show a real prospect of success; on the law as it then stood (following the Court of Appeal in Chan Tin Shi and subsequent High Court authorities) the defendants' adverse possession defence was unsustainable, so the applications to set aside and to adjourn were dismissed; however, to avoid irreparable prejudice if the Court of Final Appeal reverses Chan Tin Shi a stay of execution was granted on terms including interim monthly payments and costs to the plaintiff.
19 Nov 2004

CHAN TIN SHI v. LI TIN SUNG AND OTHERS

Citation

CHAN TIN SHI v. LI TIN SUNG AND OTHERS
Court

Court of Appeal
Case number

CACV71/2003

The Court of Appeal held that s.6 of the Extension Ordinance created a new estate (or at least a new legal right) for lessees who did not opt out under s.5; because the extension constituted a new statutory legal estate, prior adverse possession which extinguished the lessee's title under the old lease did not operate to extinguish rights under the new estate and limitation time began to run anew in respect of the new estate. Consequently the plaintiff's claim based on earlier adverse possession failed and the appeal was allowed.