28 Aug 2019
HUI TANG TAT(許騰達)[in the Will called HUI TANT TAT(許騰達)],the Executor of the Estate of PAO SHUN HING(鮑舜)also known as PAO SHUN HING(鮑舜卿),Deceased 對 HUI TING BONG(許定邦)及另一人
- Citation
- [2019] HKDC 1270
- Court
- District Court
- Case number
- DCCJ1623/2019
Plaintiff, as sole executor and registered legal owner, was entitled to possession because the defendant's occupation derived only from a bare licence granted by the first defendant which terminated on the owner’s death; the second defendant raised no credible, particularized or triable defence (including proprietary estoppel) and therefore summary judgment under Order 14 was appropriate; mesne profits are recoverable for the period of unlawful occupation and the pending HCMP proceedings do not defeat the application.