Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Partition application

  • 9 May 2023

    RABKAR TSULRIM LING BUDDHIST (HONG KONG) LTD v. PERSON(S) IN OCCUPATION OF LOT NO.350 IN D.D. 358 AND ANOTHER

    Citation
    [2023] HKDC 453
    Court
    District Court
    Case number
    DCMP2199/2018

    The 2nd defendant proved on the balance of probabilities continuous, exclusive, open and notorious factual possession together with animus possidendi of the Claimed Land for the requisite period (more than 20 years pre‑originating summons). Accordingly his possessory title extinguished the registered owner’s paper title under the Limitation Ordinance and a declaratory judgment to that effect was appropriate; however possessory title does not permit automatic registration and partition relief or further declarations were refused on the facts and discretionary grounds.

    • Adverse possession
    • Possessory title
    • Limitation period
    • Declaratory relief
    • Partition application
    • Costs

  • 29 Nov 2005

    RE LAU YUET TAI

    Citation
    RE LAU YUET TAI
    Court
    Court of First Instance
    Case number
    HCB25136/2002

    Because adjudication severed the joint tenancy and vested the bankrupt's share in the trustees, and because the trustees made reasonable efforts to locate Tsang with no response, substituted service by advertisement was valid and the court should authorise sale by the trustees and permit the Registrar to execute conveyances on behalf of the absent co-owner; proceeds to be distributed half to the bankrupt estate and half lodged in court pending claims, with costs and Housing Authority premium provided from proceeds.

    • Severance of joint tenancy on bankruptcy
    • Sale of co-owned property by trustee
    • Service by advertisement
    • Partition application
    • Authority to execute conveyancing on behalf of absent co-owner