Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

New territories land

  • 20 Jun 2023

    RE CHOI YUK TIN AND ANOTHER

    Citation
    [2023] HKCFI 1639
    Court
    Court of First Instance
    Case number
    HCMP679/2023

    The court was satisfied on the documentary evidence (the Memorial of the Assignment and the Appointment of Trustee for Minors executed by the Assistant Land Officer) that Cheung Po Kiu held two 1/4 undivided interests in the Land as trustee for the applicants, and that no personal representative of the deceased trustee had been appointed; accordingly, a vesting order under section 45(e) of the Trustee Ordinance was justified and was made ex parte in the terms of the originating summons.

  • 31 Mar 2015

    LI KWOK CHING v. SECRETARY FOR JUSTICE

    Citation
    LI KWOK CHING v. SECRETARY FOR JUSTICE
    Court
    Court of First Instance
    Case number
    HCA1303/2010

    On the facts the plaintiff failed to prove factual possession and animus possidendi for 60 years before the writ because the enclosing wall was shown to have been erected between 1965 and 1969 and other uses were insufficient to exclude the owner; proprietary estoppel also failed for lack of mistake, reliance and Government acquiescence; accordingly the plaintiff’s claim dismissed and defendant’s counterclaim for possession and mesne profits succeeded (order for possession and mesne profits awarded).

  • 28 Mar 2014

    RE PACIFIC GOOD INVESTMENT LTD

    Citation
    RE PACIFIC GOOD INVESTMENT LTD
    Court
    Court of First Instance
    Case number
    HCMP606/2014

    Given the evidence that the two 1/3 shares were held beneficially by Tse Wai Yau and Tse Tung Yau, that trusteeship by Tse Tang Shi had been cancelled or she had died with no administration, and no contrary evidence was presented, the court was justified in making a vesting order to vest any legal or other estate remaining in the former trustee in the applicant; the application could properly be heard ex parte.

  • 12 Jan 2000

    Re Yuen Long New Territories Land Registry as Lots Nos. 206 and 1138

    Citation
    Re Yuen Long New Territories Land Registry as Lots Nos. 206 and 1138
    Court
    Court of First Instance
    Case number
    HCMP7488/1999

    The Land Registry documents established the Applicant's entitlement and, applying Section 45 of the Trustee Ordinance, the court must vest the unvested shares in the Applicant; therefore the vesting order was granted.

  • 18 May 1982

    MELHADO INVESTMENT LTD. v. ATTORNEY GENERAL

    Citation
    MELHADO INVESTMENT LTD. v. ATTORNEY GENERAL
    Court
    Court of First Instance
    Case number
    HCMP1532/1981

    The restrictive covenant did not impose any positive obligation to keep the demised land perpetually for agricultural use; padi and dry cultivation descriptions fall within 'agricultural or garden ground' (following Watford), but temporary use of such lots for storage of building materials (two‑year sublease for storage of steel) did not amount to conversion of the land into use for building purposes on that land and therefore did not breach the covenant.

  • 21 Jan 1972

    LEUNG PING t/a SUN WIN WAH IRON FOUNDRY v. LEE CHUNG INDUSTRIAL CO LTD

    Citation
    LEUNG PING t/a SUN WIN WAH IRON FOUNDRY v. LEE CHUNG INDUSTRIAL CO LTD
    Court
    Court of Appeal
    Case number
    CACV47/1970

    The Full Court concluded that the Land Registration Ordinance did not necessarily apply to parol tenancies in the circumstances and that because the trial judge had not made a clear finding whether the defendant was a tenant the appeal could not be finally determined; the court therefore required the trial judge to certify whether he found the defendant to be a tenant and on what terms, and ordered a new trial if no such findings existed.