Mass Transit Railway Corporation v. WONG Ming Tak Mercedes and Another

Mass Transit Railway Corporation v. WONG Ming Tak Mercedes and Another

A permanent injunction was warranted to enforce the express negative covenant in the deed of mutual covenant because the respondents admitted breach and the doctrine of acquiescence did not apply or was not established on the evidence.

Citation
Mass Transit Railway Corporation v. WONG Ming Tak Mercedes and Another
Parties
Applicant (estate Manager): Mass Transit Railway Corporation; First Respondent (registered Owner): WONG Ming Tak Mercedes; Second Respondent (tenant Occupier): Rodrigo Real
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
18 February 1997
Case Number
LDBM79/1996
Procedural Posture
Building Management Dispute (deed of Mutual Covenant) / Final Judgment (permanent Injunction)
Outcome
Permanent injunction granted against the respondents; costs awarded to the Applicant
Legal Topics
Deed of Mutual Covenant, Negative Covenant, Injunction, Acquiescence, Building Management
Source Language
EN
Property Law Contract Law Equity Civil Procedure Deed of Mutual Covenant Negative Covenant Injunction Acquiescence +1 more

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Parties

Mass Transit Railway Corporation

Applicant (estate Manager)

WONG Ming Tak Mercedes

First Respondent (registered Owner)

Rodrigo Real

Second Respondent (tenant Occupier)

Procedural Posture

Building Management Dispute (deed of Mutual Covenant) / Final Judgment (permanent Injunction)

Legal Issues

  1. 1 Whether breach of a negative covenant in a deed of mutual covenant warrants a permanent injunction
  2. 2 Whether the doctrine of acquiescence bars relief
  3. 3 Whether damages are an adequate remedy

Ratio Decidendi

A permanent injunction was warranted to enforce the express negative covenant in the deed of mutual covenant because the respondents admitted breach and the doctrine of acquiescence did not apply or was not established on the evidence.

Court Disposition

Permanent injunction granted against the respondents; costs awarded to the Applicant

Orders

  • First Respondent restrained by injunction from causing or permitting a fast food business to be operated at the subject premises
  • Second Respondent restrained by injunction from operating a fast food business anywhere in the building