THE INCORPORATED OWNERS OF SUN HING BUILDING v. JOIN PROFIT (HONG KONG) LTD AND ANOTHER

THE INCORPORATED OWNERS OF SUN HING BUILDING v. JOIN PROFIT (HONG KONG) LTD AND ANOTHER

The Tribunal concluded there was an implied term in the Chinese Agreement permitting the applicant to terminate the licence by reasonable notice, found six months to be a reasonable period on the evidence, held proprietary estoppel was not established, and therefore refused both respondents' applications for leave to appeal and refused stays of execution; costs ordered against both respondents on their summonses (order nisi).

Citation
[2023] HKLdT 8
Parties
Applicant: Applicant; 1st Respondent: 1st Respondent; 2nd Respondent: 2nd Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
31 January 2023
Case Number
LDBM103/2019
Procedural Posture
Lands Tribunal Application for Injunctive Relief and Post Trial Summonses for Leave to Appeal and Stay of Execution / Post Trial: Ruling on Summonses for Leave to Appeal and Stay of Execution
Outcome
The Tribunal dismissed the 1st and 2nd respondents' summonses for leave to appeal and for stay of execution; original judgment for the applicant stands.
Legal Topics
Licence Termination, Implied Terms, Reasonable Notice, Proprietary Estoppel, Leave to Appeal, Stay of Execution
Source Language
EN
Property Law Contract Law Equity Civil Procedure Licence Termination Implied Terms Reasonable Notice Proprietary Estoppel +2 more

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Parties

Applicant

Applicant

1st Respondent

1st Respondent

2nd Respondent

2nd Respondent

Procedural Posture

Lands Tribunal Application for Injunctive Relief and Post Trial Summonses for Leave to Appeal and Stay of Execution / Post Trial: Ruling on Summonses for Leave to Appeal and Stay of Execution

Legal Issues

  1. 1 Whether an implied term exists in the Chinese Agreement permitting unilateral termination by reasonable notice
  2. 2 Whether six months constituted reasonable notice in the circumstances
  3. 3 Whether proprietary estoppel prevented the applicant from terminating the licence

Ratio Decidendi

The Tribunal concluded there was an implied term in the Chinese Agreement permitting the applicant to terminate the licence by reasonable notice, found six months to be a reasonable period on the evidence, held proprietary estoppel was not established, and therefore refused both respondents' applications for leave to appeal and refused stays of execution; costs ordered against both respondents on their summonses (order nisi).

Court Disposition

The Tribunal dismissed the 1st and 2nd respondents' summonses for leave to appeal and for stay of execution; original judgment for the applicant stands.

Orders

  • 1st respondent's application for leave to appeal dismissed
  • 2nd respondent's application for leave to appeal dismissed