Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Order 113 summary possession

Legal area

Court

10 Jul 2025

鄧昇旗 AND ANOTHER v. 身份不詳的佔用人

Citation

[2025] HKDC 1158
Court

District Court
Case number

DCMP6912/2024

The stay of the five Originating Summonses is maintained because the core disputes over entitlement to immediate possession of the lands are substantively before HCA 154 and must be resolved first to avoid duplicity and inconsistent determinations; accordingly the Interveners are to be joined, the appeals dismissed, leave given to join identified occupiers and to amend the Originating Summonses, and costs are apportioned with the OSPs to pay 60% of the set of costs to the Interveners and 40% treated as costs in the cause with limited costs for the three respective occupiers.
10 Apr 2015

TONG KWOK KEUNG v. TONG KWOK KEE

Citation

TONG KWOK KEUNG v. TONG KWOK KEE
Court

District Court
Case number

DCMP2470/2014

The court refused summary possession under Order 113 because credible, substantial factual disputes about beneficial ownership and the source of purchase funds required resolution at trial; the plaintiff failed to show a reasonable prospect of success for leave to appeal under section 63A(2); the costs order nisi for the Order 113 application remains costs in the cause and the defendant's application to vary the costs order nisi fails; both interim costs orders nisi relating to the leave and variation applications are made absolute with directions for taxation if not agreed.