GRAND WAYFAIR INVESTMENT CO LTD v. CHAN YUNG KAN t/a LUK YAU YAU ORGANIC VEGETABLE AND OTHERS

HCA 558/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 558 OF 2007

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BETWEEN

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SECOND CORRIGENDUM

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Please note the following amendments to the Judgment handed down on 18 October 2013:

(1) On page 29, paragraph 100 should read “The Plaintiff’s action therefore fails under the Limitation Ordinance(s) and the Second Defendant is entitled to a declaration as to its title as adverse possessor.  The interlocutory judgment obtained by the Plaintiff against the Third Defendant is an empty judgment and cannot be enforced because the Third Defendant was never in occupation of the land, never claimed title as an adverse possessor, and was at all times and remained an agent of the Second Defendant in the latter’s use of the land. The 1993 judgment against the Second Defendant is unenforceable and must be ignored.  The Third Defendant who was a short-term co-occupier of the land from about 1963 ceased all degree of occupation in or about 1973.  Neither he (now deceased) nor his family should have been involved in this action.”

(2) On page 30, paragraph 101 should read “There will be judgment for the Second Defendant with costs to be taxed if not agreed.”

This replaces the Corrigendum of the 22^nd day of October 2013.

 

Dated the 25^th day of October 2013