19 Nov 2004
CHAN TIN SHI v. LI TIN SUNG AND OTHERS
- Citation
- CHAN TIN SHI v. LI TIN SUNG AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV71/2003
The Court of Appeal held that s.6 of the Extension Ordinance created a new estate (or at least a new legal right) for lessees who did not opt out under s.5; because the extension constituted a new statutory legal estate, prior adverse possession which extinguished the lessee's title under the old lease did not operate to extinguish rights under the new estate and limitation time began to run anew in respect of the new estate. Consequently the plaintiff's claim based on earlier adverse possession failed and the appeal was allowed.