香港平民屋宇有限公司 對 馬媚媚

香港平民屋宇有限公司 對 馬媚媚

Plaintiff entitled to vacant possession of the listed flats because the tenancies had expired and tenants were obliged to deliver vacant possession; historical cottage hire‑purchase/sale agreements did not confer transferable land title or equitable rights that prevent recovery; promissory and proprietary estoppel...

Source-derived case information.

Citation
[2025] HKDC 1800
Parties
Plaintiff: the hong kong settlers housing corporation limited (香港平民屋宇有限公司); Defendant: YAN KWOK YIP (甄國業); Defendant: CHO CHEUK CHEE AMY (曹綽芝); Defendant: KWAN WAI KIN (關偉建); Defendant: MA MEI MEI (馬媚媚); Defendant: TAM WAI LAN (譚蕙蘭)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 October 2025
Case Number
DCCJ5546/2023
Procedural Posture
Landlord and Tenant Possession / Trial Judgment
Outcome
Judgment for plaintiff in all five actions; defendants ordered to deliver vacant possession.
Legal Topics
Vacant Possession, Estoppel (promissory/proprietary/contract/convention), Implied Terms, Unconscionable Bargain, Tenancy Renewal, Land Grant Conditions, Resettlement Legislation
Source Language
ch
Landlord and Tenant Property Law Equity Contract Law Statutory Resettlement Law Vacant Possession Estoppel (promissory/proprietary/contract/convention) Implied Terms +4 more

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Parties

the hong kong settlers housing corporation limited (香港平民屋宇有限公司)

Plaintiff

YAN KWOK YIP (甄國業)

Defendant

CHO CHEUK CHEE AMY (曹綽芝)

Defendant

KWAN WAI KIN (關偉建)

Defendant

MA MEI MEI (馬媚媚)

Defendant

TAM WAI LAN (譚蕙蘭)

Defendant

Procedural Posture

Landlord and Tenant Possession / Trial Judgment

  1. 1 Whether plaintiff entitled to vacant possession after expiry of tenancies
  2. 2 Whether historical hire‑purchase/sale agreements conferred proprietary title to cottage land or transferable land rights
  3. 3 Whether promissory or proprietary estoppel prevents recovery of possession

Ratio Decidendi

Plaintiff entitled to vacant possession of the listed flats because the tenancies had expired and tenants were obliged to deliver vacant possession; historical cottage hire‑purchase/sale agreements did not confer transferable land title or equitable rights that prevent recovery; promissory and proprietary estoppel claims failed for lack of clear unambiguous assurance and causative reliance; no implied perpetual renewal term existed; challenge to clause II(26) was unnecessary to decide because plaintiff succeeded on primary grounds; costs awarded to plaintiff with limited senior counsel certificate.

Court Disposition

Judgment for plaintiff in all five actions; defendants ordered to deliver vacant possession.

Orders

  • Defendants YAN KWOK YIP, CHO CHEUK CHEE AMY, KWAN WAI KIN, MA MEI MEI and TAM WAI LAN to deliver vacant possession of units: Min Hing House Flat 217; Min Hing House Flat 430; Min Hing House Flat 530; Min Keung House Flat 104; Man Lok House Flat 307 respectively to the plaintiff
  • Counterclaims/claims for declarations by defendants in DCCJ 5507, 5509, 5546 and 5582 formally withdrawn/dismissed