Hong Kong Case Law: Decisions & Judgments

YU FUNG CO LTD v. OLYMPIC CITY PROPERTIES LTD AND ANOTHER

Citation

YU FUNG CO LTD v. OLYMPIC CITY PROPERTIES LTD AND ANOTHER

Court

Court of First Instance

Case number

HCMP1084/2008

The application is dismissed because Madam Cheung was not a party to the original proceedings and forcing her to join those proceedings would likely result in defeat of her adverse possession claim by operation of the relation back principle; accordingly the intended appeal is not reasonably arguable.

12 Dec 2014

REMEDY ASIA LTD v. YICK SHING CONTRACTORS LTD

Citation: REMEDY ASIA LTD v. YICK SHING CONTRACTORS LTD
Court: Court of First Instance
Case number: HCMP2543/2014

The court held that on the facts the assignment did not amount to champerty or maintenance, the plaintiff held an equitable interest giving it locus to sue, limitation began on issue of final certificates so claims were not time-barred, relation back applied to the amendments with the defendant's consent for subcontract B, and joinder of True Light was proper because True Light remained the legal owner but the plaintiff had the equitable interest and the Deed left participation to True Light's discretion; accordingly both applications for leave to appeal had no reasonable prospect of success…