TO HAY MING v. TO HEI WO
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HCA 315/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO. 315 OF 2009
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BETWEEN
| TO HAY MING alias TO KWOK PING | Plaintiff | |
| and | ||
| TO HEI WO also known as AMBROSE HEI WO TOWE (Sole Executor of the Will of TO KAI YIN (Deceased)) | Defendant |
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Before: Deputy High Court Judge L. Chan in Chambers
Date of Hearing: 19 May 2010
Date of Judgment: 19 May 2010
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J U D G M E N T
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1. I make an order in terms of the draft order as amended for retrospective leave to serve the summons and the second affirmation of the plaintiff out of jurisdiction.
2. I am satisfied that the flat in question was bought for the plaintiff by his father as a gift. I therefore grant the plaintiff judgment in terms of the draft judgment submitted by counsel. But I make it clear that the judgment is not granted on the basis of adverse possession.
3. If the plaintiff did not receive the property as a gift from his father, then his occupation and subsequent enjoyment of the same by letting is and has been with the leave of his father and the executor of his father’s estate. There was no question of any animus possidendi. However, I am satisfied that it was a gift by the plaintiff’s father to the plaintiff.
| (L. Chan) | |
| Deputy High Court Judge |
Mr Harry Liu, instructed by Messrs Rowdget W Young & Co., for the Plaintiff
The Defendant, in person, absent