Read the full judgment text of HCA 15824/1999 on BabelCite. This High Court CFI judgment was delivered on 26 July 2005 before Lam J.
Civil proceedings – land dispute – trespass – claim against representative of unincorporated association – whether the unincorporated Association took part in the infringing acts pleaded – whether the Association was dissolved after the incorporation of the Plaintiff company – Kam Lan Koon temple – land in the Western Area of the New Territories – wire mesh blocking access, locked gates, wrongful occupation of Disputed Area – Plaintiff (Hong Kong Kam Lan Koon Limited) incorporated in 1972 to take over the operation of the Koon from the unincorporated Association – whether the Association continued to operate the Koon after incorporation – held: the Association did not commit the infringing acts as the Plaintiff had taken over operation upon its incorporation – held: the Association was dissolved by unanimous consent of all its then members shortly after June 1972, applying principles from GKN Bolts & Nuts Sports & Social Club and Master Grocers' Association of Victoria v Northern District Grocers Co-operative Ltd – the 1997 judicial review joinder of the Association was a misguided action that could not revive the dissolved Association – counterclaim against the 2nd Defendant dismissed – costs order nisi against the Defendant in favour of the 2nd Defendant.
Legal issues: Whether the unincorporated Association took part in the infringing acts of trespass · Whether the unincorporated Association was dissolved after the Plaintiff's incorporation
Outcome: Counterclaim against the 2nd Defendant by Counterclaim (Kwan Yau Hang) is dismissed.
Cites 1 case