Li Pui Yin Helen v. Yeung Kwong Yan trading as Yan Yan Organic Farm and Others [2024] HKDC 1573 revolves around a dispute over adverse possession of a piece of land in Yuen Long. The Plaintiff, who is the registered owner of the disputed land, sought to recover possession of it. The 1st Defendant claimed […]

In Lam Kong So, the Administrator of the estate of Lam Chun Sing, deceased v Shui Dian Bao Air Conditioning Limited and 冼鎮浩 [2024] HKDC 1507, the Court dismissed the Applicant’s employees’ compensation claim against the 1st Respondent, but found the 2nd Respondent to be the employer of the deceased worker.  Valerie Tang, instructed by […]

In To Peter & Ors v Wong Kan Tak [2024] HKCFI 2600, Hon Cheng J granted the declaration sought by the Plaintiffs that an undated mortgage in the Schedule of the Block Government Lease in favour of the Defendant over a lot owned by the Plaintiffs be no longer subsisting or capable of taking effect […]

In RTHK Programme Staff Union & Anor v Communications Authority [2024] HKCA 845, the Court of Appeal (“CA”) overruled the findings of the Communication Authority (“Authority”) against the longest running satirical show in Hong Kong, Headliner, which was produced by the public broadcaster Radio Television Hong Kong (“RTHK”). Jeffrey Tam and Andrew Lau represented the […]

In a first-of-its-kind Judgment handed down yesterday afternoon, the Court of Appeal interprets regulation ‍18A(3)(a)(iv) of the Building (Planning) Regulations (Cap ‍123F), under which a road or street is a “specified street” if (among other circumstances) it “is on land over which the owner of the site is expressly granted, by or by virtue of […]

In Wong Yun Wa, administratrix of the estate of Chau Chuk Kan v Surplus Link Limited t/a Choi Fook Delight Banquet and Choi Fook Luxury Banquet [2024] HKDC 1145, the Court held that the employee’s intracerebral haemorrhage was not caused or substantially caused by the high kitchen temperature and the physical exertion involved in the […]

For the very first time, the Court confirmed in SA & Ors v BH & Anor [2024] HKCFI 1357 that it has jurisdiction under Order 23 of the Rules of the High Court (“RHC”) to order security for costs in arbitration proceedings initiated by parties to set aside an arbitral award.  While Order 73 RHC […]

In Chan Chung Sing v Chan Andy Yuan & Anor [2024] HKCFI 536, the Court, inter alia, granted the Plaintiff relief from sanction under an unless order on the basis that the failure to comply could be attributed to the fault or negligence of the Plaintiff’s former solicitors, not least because Order 2, rule 5(1)(f) […]

In Fulland International Ltd v Liu Kin Lam [2024] HKCFI 1209, despite finding that the defendant squatter had occupied the disputed land since 1980 for over 20 years, by drawing a clear distinction between occupation and possession, the Court dismissed the defendant’s counterclaim of adverse possession and allowed the plaintiff’s claim for vacant possession and […]

On 26 April 2024, the Honourable Mr Justice Coleman (the Judge in charge of the Constitutional and Administrative Law List of the High Court) handed down judgment in HCAL 1804/2023 ([2024] HKCFI 1020), allowing a judicial review of a decision (“Dismissal Decision”) made by the Secretary for the Civil Service (“Secretary”) which directed that the […]