Sin Kim Wing v. Ng Shuet Chun

DCMP 1009/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO 1009 OF 2012

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J U D G M E N T

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1.This is the trial of the plaintiff’s claim against the defendant for adverse possession of the property known as the Mezzanine Floor, No. 582 Fuk Wa Street, Kowloon, Hong Kong (“the Property”).

2.The defendant is absent today.  Notice of today’s trial was served on the defendant by way of substituted service, namely, by inserting an advertisement of the order of His Honour Judge Kent Yee dated 18 March 2013 once in a local Chinese newspaper.

3.The plaintiff himself gave evidence.  He adopted his affirmation filed herein on 25 April 2012 as evidence in this case.

4.Upon reading the affirmation of Sin Kim-wing filed herein on 25 April 2012 and the exhibits thereto, and upon hearing Mr Paul Wong, counsel for the plaintiff, I am satisfied that:

(1) by virtue of survivorship, the defendant became the sole beneficial owner of the Property on 24 February 1993; and

(2) the plaintiff has been in continuous adverse possession of the property since 1994.

5.Accordingly, I will grant the following declarations as sought in the Originating Summons:

(1)   a declaration that the plaintiff, having been in adverse possession of the Property for a period exceeding 12  years prior to commencement of these proceedings, has thereby acquired possessory rights, titles and interests of and in the Property;

(2)    a declaration that the defendant’s, Ng Shuet-chun (吳雪珍) rights, titles and interests in and of the Property (if any) have been extinguished by virtue of sections 7 and 17 of the Limitation Ordinance, Cap.347, Laws of Hong Kong; and

(3)    a declaration that the defendant, the said Ng Shuet-chun (吳雪珍) or her estate be debarred from commencing any action to recover the Property by virtue of section 7(2) of the Limitation Ordinance, Cap.347, Laws of Hong Kong.

6.The plaintiff does not ask for costs of these proceedings.  Accordingly, I order that there be no order as to costs.

Mr Paul Wong, instructed by C K Chan & Co, for the plaintiff

The defendant was not represented and did not appear