8 Feb 2023
SHING YAT KWONG v. LI MAN HONG AND ANOTHER
- Citation
- [2023] HKDC 97
- Court
- District Court
- Case number
- DCMP3218/2018
On the evidence (SJE reports, aerial photos and witness testimony) the court found the defendants' wall extension trespassed onto Plaintiff's Lot 2125 by about 8.9 sq.m; the pleaded equitable defences (acquiescence, estoppel, implied licence and alleged agreement) and de minimis failed on the facts; damages were not adequate and a mandatory injunction was proportionate and sufficiently certain; accordingly judgment for Plaintiff ordering delivery of vacant possession, demolition of structures, nominal mesne profits and costs awarded to Plaintiff was appropriate.