DCCJ 6022/2020

[2025] HKDC 1362

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 6022 OF 2020

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BETWEEN

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JUDGMENT

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A. INTRODUCTION

1. The Plaintiff and the Defendant are brothers. They are indigenous villagers. Their disputes in this case concern Lot No 726 in DD No 111 (“ Lot 726 ”) together with the messuages erections and building thereon now known as No 81A Ha Che, Pat Heung, Yuen Long, New Territories (“the Property ”), on which a 3-storey small house was built (“the Building ”).

B. THE PARTIES’ CASE

B1. The Plaintiff’s Case

2. There is no dispute that the Defendant is and was at all material times the sole registered owner of the Property. Pursuant to Building Licence No 6826 dated 2 April 2001 (Memorial No: YL968257) (“the Building Licence ”) granted by the District Lands Officer, Yuen Long (“the DLO ”), to the Defendant, the Building was built on Lot 726.

3. On the Plaintiff’s case, the Building was built pursuant to a Chinese Agreement for Construction of Small House (興建村屋協議書) dated 16 May 2008 (“the Agreement ”) entered into between himself, the Defendant and their other brother Mr Chan Choi Yau (陳才有) (“ CY Chan ”). The Agreement contained the following terms:

(1) “我們叁人 (陳才有，陳家福及陳才光) 將會合資於 新界元朗八鄉下輋村第 111 約第 726 地段 興建壹幢三層高之村屋，每人將會預付港幣五十萬元，即合共港幣壹百五十萬元用作興[建]村屋之用。” (“the First Paragraph ”)

(2) “該村屋之地下 (G/F) 一層及花園將會歸於陳家福先生擁有；二樓 (1/F) 將會由陳才有先生擁有；三樓 (2/F) 及天台 (R/F) 將會由陳財光先生擁有。我們叁人現立此協議書為證。” (“the Second Paragraph ”)

4. The Agreement was signed by the Plaintiff, the Defendant and CY Chan. The Agreement was further signed by Mr Ha Chun Ping Ben (夏振平) (“ Ben Ha ”) as the witness. Ben Ha is the nephew of the Plaintiff, the Defendant and CY Chan.

5. The Plaintiff said that while the Defendant obtained the Building Licence from the DLO in 2001, he was unable to build any house on the Property as he was short of funds. The Defendant had to ask the Plaintiff and CY Chan to build the house with him, which led to the Agreement.

6. Pursuant to the Agreement and upon the authorisation of the Defendant and CY Chan, the Plaintiff entered into a construction agreement with a contractor 有華建築 (拓展) 公司 (“the Contractor ”) to build the 3-storey small house. The Contractor sub-contracted the building works to Glister Engineering Consultants Co (光輝工程顧問公司). The Plaintiff paid the construction fees to the sub-Contractor pursuant to the Contractor’s instructions on behalf of himself, the Defendant and CY Chan. In addition, the Plaintiff engaged Winner