Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Striking out defences (order 18)
  • 4 Jul 1996

    RE KUNG YEUK MAN

    Citation
    RE KUNG YEUK MAN
    Court
    Court of Appeal
    Case number
    CACV61/1996

    The Court held that (1) the last proceeding (an appeal) constituted a proceeding under O3 r6 and notice to every defendant was not required; alternatively the judge rightly exercised discretion under O2 r1 as there was no prejudice; (2) D1 could not acquire possessory title against the Crown because occupation was by licence and the Crown's actions recognized the plaintiffs' title; proprietary estoppel was not established; and (3) D14 and D19 occupied as agricultural tenants or tenants at sufferance and were not entitled to Part II Cap.7 protection. Accordingly all three appeals were dismisse…