Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Consent clause in crown lease

Legal area

Court

10 Dec 2024

EASTRADE HOLDINGS LTD v. SECRETARY FOR JUSTICE for and on behalf of the Director of Lands

Citation

[2024] HKCA 1137
Court

Court of Appeal
Case number

CACV31/2024

The Consent Clause, read in its factual and contractual context as part of a planned garden estate, requires the Director's prior written consent for erecting any messuage or dwellinghouse other than the original house approved under the Building Covenant; the plaintiff failed to prove waiver or acquiescence in respect of the School Building, therefore consent was required and the Director's premium assessment stands; appeal dismissed.
27 Dec 2023

EASTRADE HOLDINGS LTD v. SECRETARY FOR JUSTICE FOR AND ON BEHALF OF THE DIRECTOR OF LANDS

Citation

[2023] HKCFI 3356
Court

Court of First Instance
Case number

HCMP1736/2021

The consent clause in the 1930 Crown Lease must be read in the context of the Kowloon Tong Garden Estate and the building covenant; 'any other messuage or dwellinghouse' refers to any house other than the Director‑approved house and therefore covers replacement/rebuilding as well as additional houses; charging a premium for increased development intensity does not constitute derogation from grant given the Estate purpose and lease terms; the Plaintiff failed to prove waiver of the consent clause and the Director's exercise of discretion was not shown to be arbitrary or irrational. Accordingly…