13 May 2005
TANG MAN KIT AND ANOTHER v. HIP HING TIMBER CO LTD
- Citation
- TANG MAN KIT AND ANOTHER v. HIP HING TIMBER CO LTD
- Court
- Court of Appeal
- Case number
- CACV137/2002
The Court allowed the appeal because the plaintiffs, as managers in possession and subject to estoppel by tenancy, had capacity to recover possession notwithstanding absence of registration at commencement; the District Office's subsequent recognition of the Heung and its managers is binding until set aside and prevents relitigation; section 345 did not bar the action on these facts; accordingly Yuen J's dismissal was set aside and the matter remitted for trial on the merits.