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HCMP 465/2018
[2018] HKCFI 2507
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO 465 OF 2018
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IN THE MATTER of Lot No 1251 in Demarcation District No 9 |
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and |
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IN THE MATTER of The Remaining Portion of Section A of Lot No 237 in Demarcation District No 9 |
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and |
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IN THE MATTER of The Remaining Portion of Section C of Lot No 237 in Demarcation District No 9 |
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and |
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IN THE MATTER of sections 2, 3 and 4 of the Partition Ordinance, Cap 352 |
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| BETWEEN |
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FAN KIU |
Plaintiff |
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and |
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LI KWAI WAN |
1st Defendant |
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LI TAK KI
(sued as trustee and/or manager for
and on behalf of all other members of
LI SAM KWAI TONG (李三桂堂) )
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2nd Defendant |
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LI YUNG YAM
(sued as trustee and/or manager for
and on behalf of all other members of
LI YIK SHIN TONG (李益善堂) )
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3rd Defendant |
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| Before: |
Deputy High Court Judge Kenneth Wong in Chambers |
| Date of Hearing: |
8 November 2018 |
| Date of Decision: |
8 November 2018 |
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D E C I S I O N
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1.There are a number of legal and factual questions which I need to be addressed on before I can be satisfied that the plaintiff is entitled to the relief sought in the Originating Summons. They include:
(1) Whether the title obtained by the plaintiff under the Re-Amended Judgment of Deputy High Court Judge Gill dated 25 February 2002 in HCA 3860/1998 is a possessory title.
(2) Whether the plaintiff has the locus standi to commence these proceedings under section 2 of the Partition Ordinance. In other words, whether the subject lots in these proceedings are properties in land held by two or more persons, whether as joint tenants or as tenants in common within the meaning of section 2 of the Partition Ordinance.
(3) Whether the partition plans annexed to the Originating Proceedings are consistent with the plan annexed to the said Re-Amended Judgment in HCA 3860/1998.
(4) In the event that the plaintiff has the locus standi to commence these proceedings, whether in all the circumstances of the present case, an order for the partition of the subject lots ought to be made under section 4 of the Partition Ordinance.
2.It is therefore my decision that the plaintiff’s application under the Originating Summons should be adjourned to another hearing in open court before me for the above matters to be canvassed. And I so order.
3.After discussing with the plaintiff’s solicitor appearing, the estimated length of the adjourned hearing will be 3 hours.
4.Costs of the hearing today be reserved.
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(Kenneth Wong) |
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Deputy High Court Judge |
Mr J Wong, of Dickman L T Chan & Co, for the plaintiff
The 1st to 3rd defendants were not represented and did not appear
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