Hong Kong Case Law: Decisions & Judgments

Topic

Limitation defenses

Legal area

Court

29 May 2023

MAN KING CHUEN AND OTHERS v. THE PERSONAL REPRESENTATIVE(S) OF WAI TZE HANG ALEX, deceased AND ANOTHER

Citation

[2023] HKCFI 1435
Court

Court of First Instance
Case number

HCA1463/2010

The 1st Agreement never validly passed title to the purchaser; on the facts it was frustrated and abandoned by 1987 (the year all vendors died) and thus cannot now be performed; registrations of both Agreements were ordered vacated. D1's exclusive use of Portions B and C was by permission of D2 (a licence/tenant arrangement) and thus D1 lacked the requisite animus for adverse possession; the doctrine of encroachment was inapplicable. D2, having taken possession in anticipation of the agreements, remained in exclusive possession (including by overholding after expiry of P6 leases in 1997) and…
14 Dec 2021

陳雲及另一人對振威金屬有限公司及另二人

Citation

[2021] HKCFI 3667
Court

Court of First Instance
Case number

HCA947/2015

The application to stay execution was refused because the grounds advanced (misallocation of liability between plaintiffs and limitation defenses) were without merit: the judgment and pleadings showed the counterclaims targeted the first plaintiff only; limitation arguments were not raised at trial and the earlier proceedings were within limitation; the applicant had no realistic prospect of success and a stay would unfairly prejudice respondents given prolonged occupation and substantial arrears.
20 Sept 2000

KAM TO PUI v. THE INCORPORATED OWNERS OF LUX THEATRE BUILDING AND OTHERS

Citation

KAM TO PUI v. THE INCORPORATED OWNERS OF LUX THEATRE BUILDING AND OTHERS
Court

Court of First Instance
Case number

HCA646/1996

The court found the Plaintiff failed to prove 20 years adverse possession in the outer area because the owner exercised rights of control and the Plaintiff's use did not exclude the owner; however the Plaintiff established factual possession and animus possidendi for the inner area (between the second gate and the rear of Shop A) for the requisite 20 years and therefore acquired title to that inner area under the Limitation Ordinance, subject to the owner's residual rights in utilities and access.

Hong Kong Case Law

MAN KING CHUEN AND OTHERS v. THE PERSONAL REPRESENTATIVE(S) OF WAI TZE HANG ALEX, deceased AND ANOTHER

陳雲及另一人 對 振威金屬有限公司及另二人

KAM TO PUI v. THE INCORPORATED OWNERS OF LUX THEATRE BUILDING AND OTHERS

陳雲及另一人對振威金屬有限公司及另二人