2 Jun 2021
福全發展有限公司 對 蔡漢群
- Citation
- [2021] HKDC 583
- Court
- District Court
- Case number
- DCCJ3759/2016
The court found plaintiff held title and was a bona fide purchaser without notice of any enforceable proprietary interest claimed by defendant; defendant failed to discharge the burden of proving payment of HK$70,000 or an enforceable proprietary right and failed to prove continuous rent payments by balance of probabilities; even if an oral agreement existed it would at most create a contractual licence not binding on the purchaser; accordingly plaintiff was entitled to immediate vacant possession and the rent claim failed.