24 Jan 2020
KARUPAYEE AMMAL (as the administratrix and one of the beneficiaries of the estate of KARUPAYA SELVARAJ, Deceased) v. MOORTHY SELVARAJ
- Citation
- [2020] HKCFI 289
- Court
- Court of First Instance
- Case number
- HCMP1341/2019
Summary possession was refused because the Defendant raised credible, non‑frivolous triable issues (contractual waiver under the 2017 Deed of Settlement and various forms of estoppel, supported by prolonged permissive occupation and assertions of detriment) which could not be properly determined on affidavit evidence; accordingly the correct course was to continue the proceedings as if started by writ and direct pleadings and further steps to trial.