Hong Kong Case Law

BENRONA HOLDINGS LTD及另一人 對 張志超

Court

District Court

Case number

DCCJ2520/2023

Defendant became a trespasser from 16 March 2023 for remaining in the premises after expiry of the tenancy; mesne profits are payable at the contractual rent of HK$18,500 per month from 16 March 2023; plaintiffs did not accept a binding extension to 15 December 2023 and any purported partial acceptance in the 12/5/2023 correspondence does not create a binding agreement; deposit refundable only upon delivery of vacant possession and full payment, which conditions are unmet; defendant's counterclaim dismissed; costs to plaintiffs on party-and-party basis.

Source excerpt

• Mesne profits
• Vacant possession
• Rent arrears
• Acquiescence
• Offer and acceptance
• Costs

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關洪川 對 優星投資有限公司及另一人

Court

District Court

Case number

DCCJ4067/2022

The court found the written leases constituted newly negotiated agreements that did not include any term or reliable evidence that defendants assumed the prior tenant's obligations or promised to reinstate the unit; absent clear contractual provision or credible contemporaneous evidence, defendants were not liable for restoration, rent loss, inspection fees or hotel costs; only proven unpaid government rent of HK$1,212 could be recovered and set off against the deposit; costs awarded against plaintiff at 90% due to partial and late amendments and conduct.

Source excerpt

• Breach of lease
• Reinstatement obligations
• Assignment/novation
• Damages
• Costs
• Stamp duty/stamping

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GREAT CITY ENTERPRISES LTD AND ANOTHER v. WONG MAY KUEN AND ANOTHER

Court

District Court

Case number

DCCJ3406/2023

The District Court refused the 2nd Defendant leave to appeal, holding that the proposed grounds did not show a reasonable prospect of success.

• Adverse possession
• Factual possession
• Intention to possess
• Leave to appeal
• Costs
• Adverse-possession

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黃嘉謀 v. 油塘工業大廈第三座業主立案法團

Court

District Court

Case number

DCCJ4931/2021

District Court granted leave to appeal only on Ground 10 concerning foreseeability of loss of rental income, and refused leave on the other 12 grounds.

• Water seepage
• Causation
• Pleadings
• Credibility
• Quantum of damages
• Loss of rental income

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何貝芳 對 袁國強及另一人

Court

Court of First Instance

Case number

HCA2378/2017

The court found the plaintiff's allegations lacked contemporaneous supporting evidence, her credibility was weak, and the documentary and communication evidence showed she participated in drafting and accepted the terms; therefore she failed to prove duress, undue influence or unconscionability and the memorandum, property transfers and share transfer are valid and enforceable; the bank was an innocent bona fide mortgagee without notice of any overriding equitable interest.

Source excerpt

• Duress
• Undue influence
• Unconscionable bargain
• Rescission of transfers
• Mortgagee bona fide for value without notice
• Credibility and evidence

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LEE KA LING v. WONG WING CHI

Court

District Court

Case number

DCCJ3420/2021

The District Court found for the plaintiff on Fantasy Ballet, the investment money, and the Japan property, treated Onpop ownership as shared, and dismissed the HK$75,000 claim.

• Constructive trust
• Beneficial ownership
• Proprietary remedies
• Accounting and accounts of profits
• Jurisdiction and the mozambique rule
• Business partnership/beneficial interest

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HO WAI KEUNG v. THE OCCUPIERS AND EVERY OTHER PERSONS IN OCCUPATION OF LOT NOS. 534, 535 & 536 IN D.D. 84 & LOT NOS. 460RP & 463RP IN D.D. 87

Court

Court of First Instance

Case number

HCMP487/2021

高院原訟法庭裁定第二被告未能證明就涉案土地連續、獨占管有滿12年，駁回逆權管有反申索，命令交吉及支付象徵性損害賠償與月度mesne profits。

• Adverse possession
• Trespass
• Vacant possession
• Mesne profits
• Costs and jurisdiction for scale of taxation
• Adverse-possession

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THE BANK OF EAST ASIA, LTD v. TARJOTO HERU HIDAJAT AND ANOTHER

Court

Court of Appeal

Case number

CACV267/2025

The Court of Appeal dismissed the Defendants’ costs summons after a failed stay application, holding that costs followed the event and assessing the Plaintiff’s costs on an indemnity basis at HK$28,346.

• Stay of execution
• Order for possession
• Summary assessment of costs
• Indemnity costs
• Costs nisi
• Costs

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TAM CHUN PONG v. LEUNG SIU CHING AND ANOTHER

Court

District Court

Case number

DCCJ6548/2025

District Court default judgment in a water seepage dispute: liability was entered for the plaintiff, a mandatory injunction was granted, damages were left to be assessed, and costs were awarded.

• Nuisance
• Water seepage
• Default judgment
• Injunction
• Duty to repair
• Service of process

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BENNY LEE WAI KHEONG AND ANOTHER v. LAM KEN CHUNG SIMON AND ANOTHER

Court

District Court

Case number

DCCJ342/2021

The court held there was no actionable misrepresentation or rectification, no quiet enjoyment breach by the landlords, and the tenants repudiated the lease.

• Misrepresentation
• Quiet enjoyment covenant
• Rectification of written agreements
• Mitigation of loss
• Damages
• Incorporated owners (owners' corporation)

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