Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Way of necessity

  • 4 Aug 2011

    WAN YUK WING v. WONG KWOK HING PATRICK AND ANOTHER

    Citation
    WAN YUK WING v. WONG KWOK HING PATRICK AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1713/2007

    Plaintiff was entitled only to pedestrian access in the form of a 1–2 foot soil path; plaintiff was denied access from 11 May 2007 to early September 2007 and only proved nominal direct losses of HK$1,053.3; defendants proved expenditure of HK$11,500 complying with the consent order; net judgment required plaintiff to pay defendants HK$10,446.7 plus interest; plaintiff to pay 90% of the costs of the enquiry assessed at HK$57,563.1 (order nisi).

  • 18 Apr 2007

    YAU YUK MING v. CHAN YUK LIN AND ANOTHER

    Citation
    YAU YUK MING v. CHAN YUK LIN AND ANOTHER
    Court
    District Court
    Case number
    DCCJ4900/2006

    Summary judgment and a prohibitory injunction were granted for the Plaintiff because the Defendants failed to raise any triable issue or arguable defence: (1) no way of necessity could be implied in favour of Lot 903 over the Plaintiff's land because the Old Route existed at the time of the relevant grant and the Present Route would require implying a way over land of a stranger rather than over Government land (the grantor); (2) there was insufficient evidence of an intention to dedicate the Plaintiff's property as a public right of way and the user shown was consistent with licence/permissi…

  • 21 May 1984

    CHIU SHU CHOI v. MERRILONG DYEING WORKS LTD

    Citation
    CHIU SHU CHOI v. MERRILONG DYEING WORKS LTD
    Court
    Court of First Instance
    Case number
    HCA4159/1983

    Reading the assignment together with the Deed of Mutual Covenant, which contemplates lift use and requires contribution to lift maintenance by upper-floor owners, the court inferred the common intention to reserve a right of way across the eighth floor from the lift to the nearest staircase for the benefit of the ninth floor; accordingly a declaration of that limited right of way was warranted though physical restoration was not ordered.