Hong Kong Case Law: Decisions & Judgments

Topic

Construction of assignment

Legal area

Court

27 Apr 2018

IP WAN FAT AND OTHERS v. KING UNION INTERNATIONAL INVESTMENTS LTD AND ANOTHER

Citation

[2018] HKCFI 906
Court

Court of First Instance
Case number

HCA240/2016

The Recorder allowed the amendment to paragraph 1 to frame the Question about the true construction of the 10 March 1992 assignment because the issue plainly arose, but because the plaintiffs had not had adequate opportunity to file evidence on that specific Question the court ordered staged filing of further affidavits and refixed the matter for hearing; costs reserved.
24 Nov 2017

TANG SIU WING AND ANOTHER v. THE COMMISSIONER OF ESTATE DUTY

Citation

TANG SIU WING AND ANOTHER v. THE COMMISSIONER OF ESTATE DUTY
Court

Court of First Instance
Case number

HCED1/2013

Leave to appeal was refused because the appellants failed to show any ground with a reasonable prospect of success; the trial court's factual and credibility findings were supported by evidence and not plainly wrong, the legal analysis on the effect of the assignment was sound, and any minor misdescription of the joint expert report did not undermine the evidential basis for rejecting the appellants' case.
11 Nov 2005

BILLION ZONE CO LTD v. THE INCORPORATED OWNERS OF MAY MOON HOUSE

Citation

BILLION ZONE CO LTD v. THE INCORPORATED OWNERS OF MAY MOON HOUSE
Court

Court of First Instance
Case number

HCA19488/1998

The 1959, 1962 and 1984 instruments and the DMC, read in context, show the phrase 'the whole of Ground Floor (Garage)' was intended to confer exclusive rights only over the garage/roof‑over area used for covered parking (identified as Areas 1 and 2), not the entire ground level or open space; the Deed of Mutual Covenant confines exclusive rights to floor blocks of the Building and the non‑garage open areas remained common areas; accordingly Billion Zone had no exclusive title to the caretaker's room, meeting area or guard house and its claim for trespass was dismissed.

Hong Kong Case Law

IP WAN FAT AND OTHERS v. KING UNION INTERNATIONAL INVESTMENTS LTD AND ANOTHER

TANG SIU WING AND ANOTHER v. THE COMMISSIONER OF ESTATE DUTY

BILLION ZONE CO LTD v. THE INCORPORATED OWNERS OF MAY MOON HOUSE