22 Mar 2022
LAU TIN SHEK v. TSANG KOON SAU
- Citation
- [2022] HKDC 258
- Court
- District Court
- Case number
- DCCJ2784/2013
The claimant failed to prove the alleged Agreement or any payment to the developer and was found to be an unreliable witness; his equitable claims (promissory estoppel, resulting trust, constructive trust) therefore fail; occupation began with the owner’s consent (a licence) so was not adverse for the statutory period and adverse possession fails; the Tenancy Agreement is a sham and does not constitute an acknowledgement resetting limitation; accordingly South-China’s registered legal charge is enforceable and judgment is entered for South-China with an order for vacant possession.