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DCCJ 4219/2018
[2024] HKDC 1484
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CIVIL ACTION NO 4219OF 2018
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BETWEEN
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THE INCORPORATED OWNERS OF CHEONG FAT
FACTORY BUILDING (FLATS A, B, E & F)
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1
st
Plaintiff
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THE INCORPORATED OWNERS OF CHEONG FAT
FACTORY BUILDING (FLATS C & D)
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2
nd
Plaintiff
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and
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WONG YUET HAN黃月嫻trading as MAN LEE HONG民利行,
being THE OCCUPIER OF A STRUCTURE ERECTED
UNDER THE ESCAPE STAIRCASE LEADING TO
NO. 265 UN CHAU STREET ON GROUND FLOOR
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1
st
Defendant
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POON SIU LI, THE OCCUPIER OF A STRUCTURE
ERECTED UNDER THE ESCAPE STAIRCASE
LEADING TO NO. 344 FUK WING STREET ON GROUND FLOOR
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2
nd
Defendant
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CHENG CHOI NGOR, personal representative of the estate of
CHAN WOON SHING, being THE OCCUPIER OF A
STRUCTURE ERECTED UNDER THE ESCAPE STAIRCASE
LEADING TO NO. 271 WING LUNG STREET ON GROUND FLOOR
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3
rd
Defendant
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POON SHUN PING, being THE OCCUPIER OF A
STRUCTURE ERECTED UNDER THE ESCAPE STAIRCASE
LEADING TO NO. 269 UN CHAU STREET ON GROUND FLOOR
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4
th
Defendant
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WONG SUK MEI黃淑美, being THE OCCUPIER OF A
STRUCTURE ERECTED UNDER THE ESCAPE STAIRCASE
LEADING TO NO. 348 FUK WING STREET ON GROUND FLOOR
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5
th
Defendant
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Before:
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Deputy District Judge Isabella Chu in Court
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Dates of Hearing:
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27 to 29 February 2024, 1, 4, 5 & 7 March 2024
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Date of Judgment:
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9 September 2024
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JUDGMENT
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Introduction
1.
This is a case for recovery of possession of common parts in Cheong Fat Factory Building (“
the Building
”).
2.
The present proceedings have been commenced by the Incorporated Owners of Cheong Fat Factory Building (Flats A, B, E and F) (“
P1
”) and Incorporated Owners of Cheong Fat Factory Building (Flats C and D) (“
P2
”) (collectively referred to as “
Ps
”) claiming possession of 5 staircases on the Ground Floor of the Building against the current occupiers of the same (collectively referred to as “
Ds
”) who are counterclaiming for adverse possession of the disputed premises.
3.
By way of Consent Order approved on 26 February 2024, this action taken by Ps against Madam Cheng Choi Ngor (“
D3
”) and the counterclaim raised by D3 against Ps was withdrawn and discontinued (“
D3’s Consent Order
”).
4.
By way of Consent Order dated 27 February 2024, this action taken by Ps against Madaam Po
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