Fan Kiu v. Li Kwai Wan and Others

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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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.

Mr J Wong, of Dickman L T Chan & Co, for the plaintiff

The 1^st to 3^rd defendants were not represented and did not appear