Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Trespass/possession

Legal area

Court

27 Feb 2014

CHAN CHI CHING AND ANOTHER v. CHEUNG WING HING DAVID

Citation

CHAN CHI CHING AND ANOTHER v. CHEUNG WING HING DAVID
Court

Court of First Instance
Case number

HCA1364/2012

The defendant's pleaded beneficial ownership does not confer a right to possess the HOS flat during the statutory restriction period; the plaintiffs, as registered owners, are entitled to possession and to order interim payments for the defendant's continued occupation; illegality of any licence does not prevent the plaintiffs recovering possession as their claim does not depend on that licence.
4 Mar 2006

TANG KA HUNG ROBERT AND ANOTHER v. TANG MEI SZE AND ANOTHER

Citation

TANG KA HUNG ROBERT AND ANOTHER v. TANG MEI SZE AND ANOTHER
Court

Court of First Instance
Case number

HCA3/2006

The court held that plaintiffs, though yet to obtain probate, had sufficient locus standi to seek interim relief on their undertaking to apply for probate; the Jan 2003 lease likely failed statutory formalities under s.4 Cap.219 and thus did not defeat plaintiffs' claim; on balance of convenience and urgency an interim injunction restraining defendants from entering, occupying or remaining on the suit property until judgment or further order was justified.