Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Declarations and costs

Legal area

Court

26 May 2017

REALRAY INVESTMENTS LTD v. YU PO CHI AND ANOTHER

Citation

REALRAY INVESTMENTS LTD v. YU PO CHI AND ANOTHER
Court

Court of First Instance
Case number

HCA2228/2011

On the facts the court accepted credible oral testimony and expert surveys that the Ho family and predecessors occupied, cultivated and used the disputed Yellow and Pink Areas continuously, openly and exclusively from at least 1968 and had the requisite animus possidendi; consequently the defendants acquired possessory title and the plaintiffs' paper title was extinguished before issue of writs under section 17 Limitation Ordinance; plaintiffs' claims dismissed.
14 Mar 2011

HO ANDREW WAI YIP AND ANOTHER v. BILLION EASE CORPORATION LTD

Citation

HO ANDREW WAI YIP AND ANOTHER v. BILLION EASE CORPORATION LTD
Court

Court of First Instance
Case number

HCMP1627/2010

On unchallenged evidence the court found a binding sale agreement existed, completion time was of the essence, completion did not occur and the period was only extended to the expiry of the District Office consent (27 January 2010); the defendant failed to complete within that extended period despite demands, the forfeiture provision in Part A of the Second Schedule to Cap.219 applied, and therefore the plaintiffs were entitled to the declarations sought and an order for costs.