Hong Kong Case Law: Decisions & Judgments

Topic

Title registration

Legal area

Court

7 Jan 2022

LAM SAI WAN v. MINLOY LTD

Citation

[2022] HKCA 37
Court

Court of Appeal
Case number

CACV404/2018

The Court upheld the trial judge's factual findings that Mr Lam had exercised factual possession and the requisite animus possidendi in respect of the Lots as part of the Occupied Area from about 1959 such that by at least December 1991 the paper title was extinguished by long adverse possession; however, although possessory title was thus established, that fact did not legally entitle Mr Lam to automatic registration as owner in the Land Registry, so the trial judge's declaratory order as to entitlement to be registered was set aside.
8 Dec 2021

TANG WING HUNG ALBERT FORMERLY KNOWN AS TANG SHUN TAI v. LAW CHAU FAT

Citation

[2021] HKCA 1856
Court

Court of Appeal
Case number

CACV556/2020

The trial judge accepted the defendant's account and contemporaneous documentary evidence that the CASP was a sale and purchase and that the defendant paid HK$950,000; on that factual basis the plaintiff held only the legal title on trust for the defendant and specific performance to effect transfer was appropriate subject to government/lessor rights, payment of additional land premium and District Officer consent; the Court of Appeal found those factual findings were not plainly wrong and dismissed the appeal.
18 Oct 2013

GRAND WAYFAIR INVESTMENT CO LTD v. CHAN YUNG KAN t/a LUK YAU YAU ORGANIC VEGETABLE AND OTHERS

Citation

GRAND WAYFAIR INVESTMENT CO LTD v. CHAN YUNG KAN t/a LUK YAU YAU ORGANIC VEGETABLE AND OTHERS
Court

Court of First Instance
Case number

HCA558/2007

On the balance of probabilities the Second Defendant's family had exclusive factual possession and the requisite animus from about 1960 such that by the time of registration and the 1993 proceedings they had long acquired adverse possession; the Plaintiff failed to enforce its 1993 judgment and, under the Limitation Ordinance 1991, cannot now enforce title; accordingly the action fails and relief is granted to the Defendants.
28 Jul 2008

IRWAN SURIA v. SUNNY LINKER LTD

Citation

IRWAN SURIA v. SUNNY LINKER LTD
Court

Court of First Instance
Case number

HCMP850/2008

Under section 17 of the Land Registration Ordinance the entries from 1985 expired after five years and, having not been re-registered, they ceased to have any effect; accordingly a declaration to that effect is warranted.
27 May 2004

INTERNATIONAL TRADING CO. LTD v. LAI KAM MAN AND OTHERS

Citation

INTERNATIONAL TRADING CO. LTD v. LAI KAM MAN AND OTHERS
Court

Court of First Instance
Case number

HCA461/2002

Court found that payment of fees and conduct gave rise to a contractual relationship and, in any event, the defendants owed tortious duties; defendants breached duties by failing adequately to advise, to act on or to secure title/registration and to communicate with the Shanghai lawyer; contributory negligence did not bar the contractual claim; plaintiff entitled to damages for loss of Unit 908 and specified consequential losses and costs.
12 Sept 2001

Re Li Kow Tsai

Citation

Re Li Kow Tsai
Court

Court of First Instance
Case number

HCMP73/2001

Evidence (1981 vesting assignment, passport and statutory declaration linking names and the succession facts) established that the applicant is the beneficial owner of the one undivided half share and, with no probate or administration recorded, the court was satisfied to exercise its power under s45 to vest the legal title in the applicant.
19 Jan 2001

NG LAI SIM v. LAM YIP SHING AND ANOTHER

Citation

NG LAI SIM v. LAM YIP SHING AND ANOTHER
Court

Court of Appeal
Case number

CACV57/2000

The trial judge's factual findings that the plaintiff and her father exercised exclusive physical possession and the requisite intention to possess were upheld; defendants failed to prove any continuing licence or permission that would negate adverse possession; periods of successive possessors were aggregateable to satisfy the statutory period under Limitation Ordinance s.17; therefore adverse possession was established and the defendants' appeal was dismissed.
9 Dec 1998

GIMEX DEVELOPMENT LTD. v. CUA WAI TAI AND ANOTHER

Citation

GIMEX DEVELOPMENT LTD. v. CUA WAI TAI AND ANOTHER
Court

Court of First Instance
Case number

HCMP194/1998

The husband's purported delegation to Choi was ineffective because a delegate cannot delegate discretionary powers and there was no evidence the wife authorised Choi; Choi's disposal of the wife's interest was not a ministerial act and therefore the Deed of Substitution and consequent Assignment could not be validated, so the declarations sought were refused.
5 Nov 1993

BEAUTIGLORY INVESTMENT LTD. v. TANG YET TAI TONG AND OTHERS

Citation

BEAUTIGLORY INVESTMENT LTD. v. TANG YET TAI TONG AND OTHERS
Court

Court of First Instance
Case number

HCMP531/1989

The 1903 deed conferred perpetual management and rent collection rights rather than absolute ownership; the 30 April 1920 division of property, properly recorded and operated through the British administration, intended and did effect undivided shares including in favour of Tang Pak Yun; Chinese customary law did not render that division ineffective; therefore plaintiff, as successor to Tang Pak Yun, has an undivided share and locus to apply under s.2 Partition Ordinance.