Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Ouster/trespass

Legal area

Court

22 Jun 2007

CHAN KWEI CHE, KITTY AND ANOTHER v. CHAN SIU LUNG t/a KWAN KEE ENGINEERING

Citation

CHAN KWEI CHE, KITTY AND ANOTHER v. CHAN SIU LUNG t/a KWAN KEE ENGINEERING
Court

District Court
Case number

DCCJ5894/2006

The application under Order 14A was dismissed because the crucial factual dispute—whether the licence was in fact non-exclusive or whether the defendant had exclusive possession amounting to ouster—must be resolved before the framed legal question can be determined; the legal issue is interwoven with contested facts and unsuitable for final determination on interlocutory procedure.
31 Mar 2003

FU WAN SANG AND OTHERS v. FU MAN KWONG AND OTHERS

Citation

FU WAN SANG AND OTHERS v. FU MAN KWONG AND OTHERS
Court

Court of First Instance
Case number

HCA16108/1999

The court held that beneficial ownership follows the legal title in the Government Grants because the defendants failed to prove any enforceable common intention, constructive/resulting trust or undue influence; the 1983 family consensus (P-1) created enforceable exclusive occupation rights to specific units in equity or by estoppel by convention; defendants committed ouster of specified units and plaintiffs are entitled to damages; counterclaim dismissed and 3rd and 4th properties to be sold with proceeds distributed according to legal shares unless defendants make a buyout offer.