Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Tenant in common

  • 20 May 2025

    SO KWAI CHUNG v. WONG WAI YING ANITA AND OTHERS

    Citation
    [2025] HKCFA 8
    Court
    Court of Final Appeal
    Case number
    FACV12/2024

    Where a co-owner (D2) is bound by proprietary estoppel to grant a right of way, the other co-owner (D1) is bound by that right if the right does not go beyond what is reasonable and incidental to the grantor's possession and use of the common land and does not interfere with the non-granting co-owner's possession, use and enjoyment; applying that test to the facts, the right of way did not prejudice D1 and therefore D1 could not terminate it; the court will grant declaratory and injunctive relief binding the defendants and their successors as necessary to prevent unconscionable conduct.

  • 18 Sept 2017

    WONG LAI YIN HARRY, the executor of the estate of TIN FUNG YING, deceased v. WONG CHI YIN

    Citation
    WONG LAI YIN HARRY, the executor of the estate of TIN FUNG YING, deceased v. WONG CHI YIN
    Court
    District Court
    Case number
    DCCJ5071/2016

    Plaintiff, as executor, had prima facie title to possession from death; defendant failed to show any triable issue or pleaded estoppel/beneficial interest to defeat a summary possession order; summary judgment granted for possession with 12 weeks to deliver vacant possession; however mesne profits from date of death were not made out on the pleaded case and present factual disputes as to occupation and notice render mesne profits triable, so defendant given unconditional leave to defend that claim.