LINK PROPERTIES LTD v. 1968 LTD

LINK PROPERTIES LTD v. 1968 LTD

The defendant failed to establish any credible triable issues: the Tenancy Agreement expressly prohibited external alterations and signage without written approval and contained an entire agreement clause excluding alleged licence representations; the defendant did not demonstrate it operated a Shanghainese...

Source-derived case information.

Citation
[2025] HKCFI 3471
Parties
Plaintiff: Link Properties Limited; Defendant: 1968 Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 August 2025
Case Number
HCA1282/2024
Procedural Posture
Forfeiture and Possession; Summary Judgment Appeal / Decision on Appeal (reasons for Decision)
Outcome
Defendant's appeal dismissed; Stay Summons dismissed; costs awarded to plaintiff on indemnity basis and summarily assessed at $175,550 payable by defendant
Legal Topics
Summary Judgment, Forfeiture, Vacant Possession, Mesne Profit, Implied Terms, Unpleaded Defences, Stay of Execution
Source Language
en
Landlord and Tenant Civil Procedure Contract Summary Judgment Forfeiture Vacant Possession Mesne Profit Implied Terms +2 more

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Summary, issues, holding and outcome

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Parties

Link Properties Limited

Plaintiff

1968 Limited

Defendant

Procedural Posture

Forfeiture and Possession; Summary Judgment Appeal / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether defendant raised credible triable issues to resist summary judgment on alleged alterations to external walls
  2. 2 Whether defendant raised a triable issue that it operated a specialty Shanghainese restaurant before commencement of proceedings
  3. 3 Whether pre-contract/licence representations bind despite an entire agreement clause

Ratio Decidendi

The defendant failed to establish any credible triable issues: the Tenancy Agreement expressly prohibited external alterations and signage without written approval and contained an entire agreement clause excluding alleged licence representations; the defendant did not demonstrate it operated a Shanghainese specialty restaurant before the action commenced; the defendant relied on unpleaded or belated defences which cannot defeat an Order 14 application; accordingly the Master's summary judgment was upheld and the stay refused.

Court Disposition

Defendant's appeal dismissed; Stay Summons dismissed; costs awarded to plaintiff on indemnity basis and summarily assessed at $175,550 payable by defendant

Orders

  • The defendant's appeal against Master K.W. Wong's Decision dated 8 May 2025 is dismissed.
  • The Stay Summons filed 14 July 2025 is dismissed.