12 Nov 2019
WUI FUNG LEE INVESTMENT CO LTD v. THE INCORPORATED OWNERS OF HONG KONG MANSION, CAUSEWAY BAY
- Citation
- [2019] HKCFI 2739
- Court
- Court of First Instance
- Case number
- HCA2197/2013
On construction of the contemporaneous 1966 documents (First Assignment, DMC and April 1966 assignment) the developer reserved exclusive possession of the Disputed Area; on construction of the 1974 Assignment the developer intended to and did assign the Disputed Area to the plaintiff (it was coloured pink and paired with undivided shares); therefore the plaintiff is the legal and beneficial owner of the Disputed Area and is entitled to the declared relief. The adverse possession argument need not be decided.