Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Public dedication

  • 9 Jan 2020

    KAN SUI YAU AND OTHERS v. WONG TIN LUNG AND OTHERS

    Citation
    [2020] HKCFI 94
    Court
    Court of First Instance
    Case number
    HCA1975/2019

    The interlocutory summonses were dismissed and the short-term injunction discharged because plaintiffs failed to demonstrate serious questions to be tried on their claims (express unregistered grant, lost modern grant, public dedication, proprietary estoppel) and damages were an adequate remedy with defendant able to pay; licensees lacked locus to claim easement by lost modern grant and the express grant pleaded was unregistered and unsupported by evidence, so mandatory interlocutory relief was refused.

  • 3 Dec 2008

    YEUNG YU CHUNG AND ANOTHER v. BASE KEEN INVESTMENTS LTD AND OTHERS

    Citation
    YEUNG YU CHUNG AND ANOTHER v. BASE KEEN INVESTMENTS LTD AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV204/2008

    The injunction was discharged and the order granting interim relief set aside because plaintiffs could not demonstrate a serious issue to be tried: objective evidence (aerial photographs and plans) showed the Second Road did not exist for the required 20-year period and the plaintiffs' easement claims (prescription, Wheeldon v Burrows, necessity, public dedication) were untenable; indemnity costs were awarded against the second plaintiff for deliberate falsehood in pleadings and evidence selection.

  • 6 Jun 2008

    CHAN TIN YAU AND OTHERS v. TSANG KWOK KAY

    Citation
    CHAN TIN YAU AND OTHERS v. TSANG KWOK KAY
    Court
    Court of Appeal
    Case number
    CACV72/2007

    The Court upheld the trial judge's credibility findings and factual conclusions that the Disputed Road was constructed and used from about 1973; even absent a deed, the villagers' detrimental expenditure and 20 years' continuous enjoyment gave rise to an accrued right by 1993 supported by proprietary estoppel and the common law doctrine of lost modern grant, entitling the Plaintiffs to the right of way and to repair, maintain and cover the nullah; the appeal was dismissed.

  • 3 Nov 2003

    KONG SAU CHING v. KONG PAK YAN AND OTHERS

    Citation
    KONG SAU CHING v. KONG PAK YAN AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA13429/1997

    On the evidence (aerial photographs, witness testimony, lack of interruption and accommodation of the route by fences/walls and Government awareness), the court inferred a public dedication of the Disputed Way for pedestrian and vehicular use with Government consent; alternatively, plaintiffs (or specified plaintiffs) had acquired prescriptive easements by long user (lost modern grant and under the Prescription Act as preserved by constitutional protections). Consequentially, defendants' attempts to obstruct vehicular access were restrained and trespass claims against Trade Advisers and Wong…