Hong Kong Case Law: Decisions & Judgments

Topic

Rights of way

Legal area

Court

28 May 2021

CHENG SING KEUNG AND ANOTHER v. CHAN KA HAY AND OTHERS

Citation

[2021] HKCFI 1509
Court

Court of First Instance
Case number

HCA2164/2013

Plaintiffs failed to establish proprietary estoppel, implied grant or that the 2005/2006 Deeds conferred vehicular rights; the 2006 Deed did not cover the whole route and could not be construed to create the vehicular easement claimed; the 2005 Deed was a grant to Sino Favour only; necessity did not apply; plaintiffs have a pedestrian easement over the Main Gate (Lots 485RP, 482P and 482O) but no vehicular easement; the 12th defendant's counterclaim for management fees failed because the 2006 Management Agreement required written authorisation from the MAC to commence legal proceedings and no…
12 Mar 2021

TAI SANG FEEDS CO LTD AND OTHERS v. SHARPLY DEVELOPMENT LTD

Citation

[2021] HKCFI 643
Court

Court of First Instance
Case number

HCA1314/2020

Costs specifically referable only to the failed interlocutory application (including the hearings on 14 August 2020 and 20 January 2021 and other identifiable items) are payable forthwith and subject to summary assessment; the remainder of costs will be costs in the cause; no order as to costs of the variation application; defendant to file a Statement of Costs for summary assessment and plaintiffs to file comments for assessment on the papers.
25 Jan 2021

TAI SANG FEEDS CO LTD AND OTHERS v. SHARPLY DEVELOPMENT LTD

Citation

[2021] HKCFI 163
Court

Court of First Instance
Case number

HCA1314/2020

The injunction application was dismissed because plaintiffs failed to demonstrate irreparable harm or urgency and did not show a sufficiently strong prima facie case as required for mandatory relief: alternative government-built roads and an unfenced portion of the Subject Land provided practical vehicular access to all plaintiffs, plaintiffs' evidence was inconsistent and undermined by video and surveyor evidence, and the non-registration of the 1969 Deed meant defendant likely qualified as a bona fide purchaser without notice under section 3(2) LRO; on balance of convenience the risk of inj…
22 Aug 2017

TIERRA TRADING LTD AND ANOTHER v. LAND BASE LTD

Citation

TIERRA TRADING LTD AND ANOTHER v. LAND BASE LTD
Court

Court of First Instance
Case number

HCMP3074/2014

Defendant failed to discharge the burden of proving adverse possession because there was no cogent evidence that the Blue Area had been incorporated into defendant's land, no evidence plaintiffs discontinued or abandoned possession, no unequivocal acts excluding the world including the paper owner, and the 1955 right of way and user by tenants did not amount to possession as of wrong; hearsay evidence lacking personal knowledge was inadmissible; accordingly plaintiffs are entitled to declarations, vacant possession and costs.
16 Oct 2000

TRADE ADVISERS CO. LTD. AND OTHERS v. SILKART LTD. AND ANOTHER

Citation

TRADE ADVISERS CO. LTD. AND OTHERS v. SILKART LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA20671/1998

The court has jurisdiction under the general liberty to apply to give directions for working out and enforcing the January consent order (including specific performance and implementation of rights of way) but does not have jurisdiction to try the disputed factual issue of an alleged new oral agreement of 29 February 2000 that, if accepted, would alter the terms of that order.
14 Sept 2000

LEUNG MAN CHEUNG v. SECRETARY FOR PLANNING AND LANDS AND ANOTHER

Citation

LEUNG MAN CHEUNG v. SECRETARY FOR PLANNING AND LANDS AND ANOTHER
Court

Court of First Instance
Case number

HCAL390/2000

Applications dismissed: valuation and quantum issues fall within statutory Lands Resumption/compensation machinery and are not generally amenable to judicial review; Secretary had sufficient evidence (including independent Government consultant and LDC Section input) to be satisfied under s.15(4)(c) and did not breach s.15(5); reasons were provided and adequate; no Wednesbury unreasonableness or procedural unfairness warranting quashing of decisions.
9 Jul 1996

The Incorporated Owners of Block F1-F7 Pearl Island Holiday Flats v. The Incorporated Owners of Pearl Island Garden and Another

Citation

The Incorporated Owners of Block F1-F7 Pearl Island Holiday Flats v. The Incorporated Owners of Pearl Island Garden and Another
Court

Court of Appeal
Case number

CACV78/1996

Section 18(2)(g) of the Building Management Ordinance must be construed purposively to allow the incorporated owners to act and sue in their own name on matters in which the owners have a common interest; the statutory scheme displaces the need to bring actions in the names of individual undivided owners and addresses cost concerns via s.17.
12 Jun 1996

TURN-KEY INTERNATIONAL LTD. v. HUI KIN SANG and Another

Citation

TURN-KEY INTERNATIONAL LTD. v. HUI KIN SANG and Another
Court

Court of First Instance
Case number

HCMP1755/1996

The assignment registered as memorial 224464, read in the context of prior assignments, transferred the vendor's full estate and interest in the 4th floor including quiet enjoyment and rights of access; therefore the purchaser's requisitions were invalid and out of time, declarations were refused, and costs were ordered against the plaintiff with an indemnity for the defendants in respect of the third party's costs.