| (Live Lecture & Webinar) Adverse Possession: Practical Tips & Latest Legal Development |
| Date: |
4 October 2024 (Friday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
English |
| Fee: |
HK$ 1,850 |
| Accreditation: |
(3 CPD Points will be applied for) |
| Ref: |
L24CY05 |
| Venue: |
Live Lecture or Zoom Webinar
- Rm 2102, 21/F, Beautiful Group Tower,
77 Connaught Road Central, HK
- Online Webinar via Zoom
[View Map] |
Presenter's Biography:
Mr. Dicky Cheung read law at the University of Hong Kong and was called to the bar in 2017. He joined Garden Chambers in the following year.
His practice is focused on commercial, company and contractual litigation. He has represented listed companies, state-owned banks (overseas and PRC), and high net worth individuals in handling complex commercial, corporate and civil litigation with securities, trusts and probate at issues, involving overseas parties and complicated transactions.
Dicky also frequently represents professionals, including insurance agents, estate agents, optometrists etc., in disciplinary proceedings, and their appeal and judicial review proceedings.
Dicky is fluent in Putonghua and regularly handles PRC-related cases and parties.
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Objective:
The Speaker acted for the successful appellant (the Incorporated Owners of a building) in its appeal, IO of Kam Luk Building v. 吳靜燕 [2022] HKCA 1896, against a trial judge's refusal to order vacant possession for a part of staircase (being common parts of the building) occupied by a squatter. This case turns onto intriguing issues of law such as:
- What if the squatter occupied the common parts on the strength of a licence given by a director of the first owners?
- What if the person giving the licence actually had no authority or capacity to do so? Does it alter the intention and adversity of the possession of the squatter?
- What if the squatter is a co-owner of the building? Can he adversely possess common parts to which he also owns?
The Court of Appeal allowed the appeal on points of law which are of general importance and also, quite rarely, on facts. The Speaker will share his insight and experience in the trial and subsequently successful appeal.
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Outline:
- The statutory origin and elements of adverse possession
- Pre-action consideration & case preparation
- Evidence (incl. expert evidence)
- Expedited procedure (O. 113, RHC)
- Equitable defences of laches, acquiescence & estoppel
- Special cases
- Licence not granted by capable grantor
- Valid licence at first, but later revoked.
- Squatter granted a lease to a tenant
- Multistory building (common parts) by co-owner
- Vertical surface
- T'so T'ong land
- Particular intricate sections in the Limitation Ordinance
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| Category: |
Conveyancing |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2024; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2024.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in either Central or Admiralty. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
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