24 Mar 2026
TAI KANG YING v. THE PERSONAL REPRESENTATIVE OF LESLIE FREDERICK CHARLES GUYATT, DECEASED
- Citation
- [2026] HKDC 482
- Court
- District Court
- Case number
- DCCJ3019/2024
The court refused to grant the declaratory relief sought by default judgment because the pleaded facts were insufficient to establish adverse possession and the requisite intention to possess; declarations of title based on unproven allegations in default of defence are inappropriate where factual issues (tenancy, actual occupation, acknowledgements, possible heirs) require investigation at trial. Procedural concerns about service and representation of the deceased's estate further counsel against entering declaratory judgment on the pleadings alone.