Hong Kong Case Law: Decisions & Judgments

Topic

Possession recovery

Legal area

Court

6 Jun 2024

WONG YIN PING v. HOUSING AUTHORITY

Citation

[2024] HKCFI 1557
Court

Court of First Instance
Case number

HCAL396/2024

The application for a stay of execution was dismissed because the leave application disclosed no reasonably arguable public law grounds, the eviction had already been executed rendering a stay nugatory, no appeal had been lodged to justify a stay pending appeal, and the current materials sought to raise a different complaint (re: belongings) outside the original proceedings.
5 Apr 2024

CHU SYMON HIN WING CHU YUM KO DANIEL（朱蔭高）and CHU HUM HONG（朱蔭康） as managers of CHU NAM YUN (OR YUEN)（朱南園）suing on behalf of all members of CHU NAM YUN (OR YUEN)（朱南園）對潘家駿

Citation

[2024] HKDC 505
Court

District Court
Case number

DCMP4484/2021

The possession order was a regular order and service on the occupier was effective and known to the defendant; the defendant failed to produce credible, substantive evidence of a tenancy or of actual or ostensible authority by the alleged agent to let the land, and therefore had no real prospect of success or triable issue; the registrar’s order setting aside the possession order was wrongly made and was rescinded.
18 Oct 2013

GRAND WAYFAIR INVESTMENT CO LTD v. CHAN YUNG KAN t/a LUK YAU YAU ORGANIC VEGETABLE AND OTHERS

Citation

GRAND WAYFAIR INVESTMENT CO LTD v. CHAN YUNG KAN t/a LUK YAU YAU ORGANIC VEGETABLE AND OTHERS
Court

Court of First Instance
Case number

HCA558/2007

On the balance of probabilities the Second Defendant's family had exclusive factual possession and the requisite animus from about 1960 such that by the time of registration and the 1993 proceedings they had long acquired adverse possession; the Plaintiff failed to enforce its 1993 judgment and, under the Limitation Ordinance 1991, cannot now enforce title; accordingly the action fails and relief is granted to the Defendants.
19 Jul 2013

劉永玲對 WORKFORCE CONSTRUCTION SERVICES

Citation

劉永玲對 WORKFORCE CONSTRUCTION SERVICES
Court

Lands Tribunal
Case number

LDPD287/2013

Tribunal admitted the estate agents' evidence but, after comparing all testimony and diagrams and assessing credibility and relative probabilities, concluded the respondent's original witnesses were honest and the new evidence did not show the earlier factual credibility determination was wrong; therefore there was no error in the 31 May 2013 decision and the review is dismissed.

Hong Kong Case Law

WONG YIN PING v. HOUSING AUTHORITY

CHU SYMON HIN WING CHU YUM KO DANIEL（朱蔭高）and CHU HUM HONG（朱蔭康） as managers of CHU NAM YUN (OR YUEN)（朱南園）suing on behalf of all members of CHU NAM YUN (OR YUEN)（朱南園） 對 潘家駿

GRAND WAYFAIR INVESTMENT CO LTD v. CHAN YUNG KAN t/a LUK YAU YAU ORGANIC VEGETABLE AND OTHERS

劉永玲 對 WORKFORCE CONSTRUCTION SERVICES

CHU SYMON HIN WING CHU YUM KO DANIEL（朱蔭高）and CHU HUM HONG（朱蔭康） as managers of CHU NAM YUN (OR YUEN)（朱南園）suing on behalf of all members of CHU NAM YUN (OR YUEN)（朱南園）對潘家駿

劉永玲對 WORKFORCE CONSTRUCTION SERVICES