Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Registration and vacation of writ

Legal area

Court

11 Sept 2015

YEUNG WAI FAN v. HONITON INTERNATIONAL LTD

Citation

YEUNG WAI FAN v. HONITON INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCA1051/2010

Plaintiff failed to prove on balance of probabilities that the land and structures he relied on corresponded to the registered Lots and failed to establish continuous exclusive factual possession with animus possidendi for the requisite period; objective evidence (survey sheets, aerial photographs, documentary records) and inconsistencies in witness evidence undermined the adverse possession claim; accordingly the limitation-based declaration was refused and the claim dismissed, with an order that the writ registration be vacated and costs awarded to the defendant.
19 Oct 2005

CHOI GAIN CHEE AND ANOTHER v. KOWLOON DEVELOPMENT CO LTD AND OTHERS

Citation

CHOI GAIN CHEE AND ANOTHER v. KOWLOON DEVELOPMENT CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA761/2005

The pleaded case discloses no reasonable cause of action for beneficial or proprietary interest in the land because the plaintiffs only had shareholdings and contractual arrangements which cannot confer proprietary title; the action is an abuse of process insofar as the contractual claim duplicates HCA192 and therefore must be struck out; consequentially the registration of the writ as a lis pendens is vacated; costs awarded to defendants on party and party basis (nisi).