So Kwai Chung v. Wong Wai Ying Anita and Others

FAMV No. 101 of 2024

[2024] HKCFA 28

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 101 OF 2024 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NO. 498 OF 2022)

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D E T E R M I N A T I O N

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The Appeal Committee:

1.We are satisfied that the following questions are of the requisite importance and grant leave to appeal in respect of the same, namely:

Whether the act and/or representation by one co-owner (“A”) can give rise to an easement in respect of the whole property in favour of a third party (“TP”) being created or “granted” by a proprietary estoppel which binds the other co-owner (“B”) who was not involved in, and had no knowledge of, the discussions and dealings between A and TP (“Question 1”);

If the answer to Question 1 is “no”, what is the legal significance of B’s knowledge that TP had been using the property for access and the long lapse of time before B took action to block the access. In particular, whether B’s knowing inaction can give rise to a proprietary estoppel by way of acquiescence as against B (“Question 2”).

2.The appeal will be listed for hearing on 7 April 2025.

Mr Michael Lok and Ms Valerie Kwok, instructed by Ho & Partners, for the 1^st Defendant (Applicant)

Mr Sunny Chan, instructed by K C Ho & Fong, for the 1^st to 3^rd Plaintiffs (1^st to 3^rd Respondents)