Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Delineation of land

  • 11 Mar 2019

    MAK KAM CHIU v. 富明閣業主立案法團

    Citation
    [2019] HKLdT 11
    Court
    Lands Tribunal
    Case number
    LDBM204/2017

    The court held there was no issue estoppel in respect of matters raised solely for the applicant's defence to the management fee claim, but there was issue estoppel in respect of the applicant's counterclaim because the Small Claims Tribunal had adjudicated and rejected the contention that the Assignment Plan governed the proper delineation; accordingly the Lands Tribunal application seeking the same relief was barred and struck out. Independently, even if issue estoppel did not apply, the application constituted a Henderson v Henderson abuse because the applicant failed to appeal, now seeks…

  • 13 Apr 2016

    THE PERSONAL REPRESENTATIVE OF THE ESTATE OF CHAN CHUEN, DECEASED v. FORESTSIDE LTD

    Citation
    THE PERSONAL REPRESENTATIVE OF THE ESTATE OF CHAN CHUEN, DECEASED v. FORESTSIDE LTD
    Court
    Court of First Instance
    Case number
    HCA2055/2011

    The plaintiff failed to prove, on the balance of probabilities, factual possession and the requisite animus possidendi over any of the disputed lots: pleadings were vague as to commencement and identification of occupied areas; there were no fences or other objective acts to exclude others; evidence of cultivation and other uses was equivocal and insufficient as unequivocal manifestation of exclusive occupation; third party occupation further defeated any claim; accordingly adverse possession not established and claim dismissed.