4 Nov 1998
DIREK MAHADUMRONGKUL v. LAU CHUN KEUNG and Others
- Citation
- DIREK MAHADUMRONGKUL v. LAU CHUN KEUNG and Others
- Court
- Court of Appeal
- Case number
- CACV133/1998
O.113 was not appropriate because the defendants occupied the disputed land in the exercise of an express right of way and there were substantive, triable issues (including prescription/adverse possession) unsuitable for summary determination; the judge acted within his discretion in ordering the proceedings to continue as if begun by writ and the Court of Appeal dismissed the appellant's challenge to that exercise of discretion.