Hong Kong Case Law: Decisions & Judgments

Topic

Contractual licence

Legal area

Court

30 Aug 2023

侯福華及另一人對冼利年及另二人

Citation

[2023] HKDC 1198
Court

District Court
Case number

DCCJ320/2018

Defendants failed to raise any triable or arguable defence: the asserted contractual licence lacked new consideration because the plaintiff's alleged requirements were existing duties and the lease incorporated post-termination obligations; proprietary estoppel failed because the alleged expenditure was largely routine or necessitated by storm damage, defendants had countervailing benefits (rent-free occupation), and there was no unconscionability sufficient to bar the owners reclaiming possession. Accordingly summary judgment was entered for plaintiffs for possession and mesne profits; propo…
9 Sept 2022

THE HONG KONG POLYTECHNIC UNIVERSITY v. REHABAID SOCIETY

Citation

[2022] HKCFI 2830
Court

Court of First Instance
Case number

HCA1789/2017

The court held the Plaintiff failed to prove any term should be implied into the MoA making the licence terminable upon cessation of collaboration between RC and REC; the MoA contained no express condition tying occupation to collaboration and surrounding documents did not supply the required necessity or obviousness for implication; therefore the Plaintiff's notice of termination was invalid, Defendant entitled to remain and specific performance of the MoA was ordered in favour of the Defendant.
12 May 2022

TSUNG TSIN ASSOCIATION AND ANOTHER v. LAI KWOK WAI AND OTHERS

Citation

[2022] HKCFI 1372
Court

Court of First Instance
Case number

HCA516/2021

Leave to appeal dismissed because plaintiffs failed to show a realistic prospect of success: the trespass claim lacked merit as evidence indicated D1 and D4 were entitled to be on the Lot and P1's ownership was qualified by trustee obligations, and the balance of convenience favoured defendants given plaintiffs' proposed unrestricted access, prior confrontational conduct and operational interests of the school; costs ordered for defendants.
26 Mar 2021

GREEN LACONIC LTD AND OTHERS v. FAN CHIN WA

Citation

[2021] HKCFI 749
Court

Court of First Instance
Case number

HCA1378/2019

Summary judgment was refused because the defendant's case (notably the alleged Supplemental Agreement and related factual matrix) was arguable and raised credibility/fact issues for trial; however, an interlocutory mandatory injunction was granted because plaintiffs demonstrated a high degree of assurance of success at trial on the merits and offered adequate security by undertaking to pay HK$12,729,000 into court, thus minimizing the risk of injustice. The joinder of the alleged beneficial owners and City Breeze was allowed because it was not plain and obvious that the defendant's proposed c…
26 Mar 2021

GREEN LACONIC LTD AND OTHERS v. FAN CHIN WA

Citation

[2021] HKCFI 749
Court

Court of First Instance
Case number

HCA1377/2019

Summary judgment was refused because the defendant's case on a contractual licence (the Supplemental Agreement) was not so weak as to be unarguable given the parties' long and complex course of dealings and some supporting contemporaneous indicators; however, on balance of convenience the court granted an interlocutory mandatory injunction compelling delivery of vacant possession on condition plaintiffs pay HK$12,729,000 into court as security (to minimize risk of injustice), and allowed the defendant's joinder application to add the alleged beneficial owners and City Breeze because the propo…
26 Mar 2021

GREEN LACONIC LTD AND OTHERS v. FAN CHIN WA

Citation

[2021] HKCFI 749
Court

Court of First Instance
Case number

HCA1376/2019

Summary judgment refused because there were arguable factual disputes (notably existence and terms of the alleged Supplemental Agreement and the character of occupancy of certain lots). On balance of convenience the court granted an interlocutory mandatory injunction requiring defendant to vacate the lands covered by plaintiffs' application (excluding Multigreen's leased lands) conditional on plaintiffs paying HK$12,729,000 into court within 28 days, with defendant to deliver vacant possession within 90 days of that payment; the joinder application to add the alleged beneficial owners and Cit…
12 Mar 2019

黃桂生對鄭禮春及另一人

Citation

[2019] HKDC 226
Court

District Court
Case number

DCCJ738/2018

Leave to appeal refused because each proposed ground lacked a reasonable prospect of success: no evidence of actual or apparent judicial bias; no demonstrated legal error on the court's analysis of lease certainty; contractual licence was not pleaded and could not sustain the claim in any event because a licence is revocable absent contractual protection and the pleadings did not allege any such protection.
29 Feb 2016

CHEN TEK YEE AND OTHERS v. CHAN MOON SHING AND ANOTHER

Citation

CHEN TEK YEE AND OTHERS v. CHAN MOON SHING AND ANOTHER
Court

Court of Appeal
Case number

CACV136/2015

The Court of Appeal held the judge was entitled to find that the Deceased had given a contractual licence and that the purchaser (2nd defendant), who bought a half-share at a substantially reduced reserve price with knowledge of the licence and related writ, assumed a new obligation such that his conscience was affected; equity therefore imposed a constructive trust binding him and the plaintiffs were entitled to sole and exclusive occupation of the Property during their respective lifetimes.
11 Jun 2015

CHEN TEK YEE AND OTHERS v. CHAN MOON SHING AND ANOTHER

Citation

CHEN TEK YEE AND OTHERS v. CHAN MOON SHING AND ANOTHER
Court

Court of First Instance
Case number

HCA954/2010

The court held that the 18 February 2013 offer was a valid sanctioned offer (and in any event, the court exercised its discretion under Order 22 rule 2(4) to give it Rule 24 consequences). Because the judgment was more advantageous to Chen than the offer, Chen was entitled to indemnity costs from 18 March 2013. The Daughters, not being parties when the offer was made, were not entitled to indemnity costs under Order 22 and there were no special features or conduct justifying indemnity costs for them under the court's general discretion; accordingly the Costs Order Nisi was varied to award ind…
7 May 2015

CHEN TEK YEE AND OTHERS v. CHAN MOON SHING AND ANOTHER

Citation

CHEN TEK YEE AND OTHERS v. CHAN MOON SHING AND ANOTHER
Court

Court of First Instance
Case number

HCA954/2010

The court found on the facts that the deceased repeatedly promised Chen and her daughters a permanent home and their expenditure and occupation constituted detrimental reliance on that contractual licence; those assurances and conduct gave rise to a constructive trust protecting life sole and exclusive occupation of the Property in favour of Chen, Lin and Wendy and that Chan and Ng, having notice and having purchased at a reduced price, were bound by that trust; accordingly the declaration of life occupation was granted while the claim that Chen was beneficial owner of the 50% share was dismi…