7 Aug 2025
WONG CHEE SING (OR WONG CHE SING) (by his next friend WONG TAK KWAN LILIAN) v. HUNG WAH TRADING AS TAK HING LUNG MEDICINE CO. AND ANOTHER
- Citation
- [2025] HKCA 732
- Court
- Court of Appeal
- Case number
- CACV595/2021
The application for leave to appeal was refused because the questions raised were not reasonably arguable: factual possession still requires intention which may be inferred from unequivocal acts; Powell v McFarlane does not impose an extra legal ownership test distinct from factual possession; adverse possession principles apply to parts of multistorey buildings; and payment of government rents and rates is not a prerequisite to adverse possession. The trial judge had conflated possession with ownership and that finding was plainly wrong on the facts.