Hong Kong Case Law: Decisions & Judgments

Topic

Deed of surrender

Legal area

Court

27 Aug 2020

NG MUK FUN v. SILVER HOPE LTD AND ANOTHER

Citation

[2020] HKCFI 2117
Court

Court of First Instance
Case number

HCMP1949/2015

The court found on the facts that the 2007 handwritten Chinese agreements together with the Deed of Surrender and Deed of Acknowledgement constituted a final settlement by which the plaintiff surrendered and relinquished all beneficial interest in the Property to Silver Hope; the plaintiff knew of and acquiesced in the earlier judgments and charging orders; limitation arguments did not bar the enforcement or recognition of those equitable charges and settlements; accordingly the plaintiff's claim was dismissed and Silver Hope was declared sole beneficial owner and entitled to the legal title…
31 Dec 2003

CRIC MOTOR WORKS LTD v. SECRETARY FOR JUSTICE

Citation

CRIC MOTOR WORKS LTD v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCA4540/2003

The plaintiff had executed a Deed of Surrender and a new tenancy on 28 March 2002 for different premises expiring 31 December 2003; there was no misrepresentation at the time about redevelopment scheduled for 1 January 2004 and the GPA only learned of postponement in November 2003; the plaintiff's prospects of success were poor, damages were an adequate remedy and the balance of convenience overwhelmingly favoured the defendant, therefore the interlocutory injunction was refused.
22 Feb 2001

Permanent Investment Co. Ltd. v. Lau Wai Po

Citation

Permanent Investment Co. Ltd. v. Lau Wai Po
Court

Court of First Instance
Case number

HCA15067/1999

The guarantor was liable under the Letter of Guarantee for the quantified losses and costs arising from the tenant's antecedent breaches; the Deed of Surrender preserved claims for antecedent breaches but did not make agency commission recoverable as it did not arise from an antecedent breach; damages were assessed at HK$373,111.75 with interest and costs awarded accordingly.
3 Nov 1998

LEE YUEN CHEUNG AND ANOTHER v. CHAN CHI MING AND ANOTHER

Citation

LEE YUEN CHEUNG AND ANOTHER v. CHAN CHI MING AND ANOTHER
Court

Court of First Instance
Case number

HCA12747/1997

Purchasers were entitled to rescind because the vendors failed to answer the primary requisition satisfactorily by not identifying or explaining why the demand letter constituted the modification letter and failed to produce the original or a proper certified true copy as required by s.13 CPO, thereby failing to prove good title at completion.
28 Jul 1982

RE MADAM YAU CHUK YING

Citation

RE MADAM YAU CHUK YING
Court

Court of First Instance
Case number

HCB73/1981

The court held that the company-liquidator principle does not automatically apply to bankruptcy interim receivers; on the facts the Official Receiver did not take or retain possession of the leasehold premises "for the convenience of" the bankruptcy or to realise the assets to better advantage, therefore the unpaid rent for the period in issue was not an expense under s.37(1) and was provable only as an ordinary debt.

Hong Kong Case Law

NG MUK FUN v. SILVER HOPE LTD AND ANOTHER

CRIC MOTOR WORKS LTD v. SECRETARY FOR JUSTICE

Permanent Investment Co. Ltd. v. Lau Wai Po

LEE YUEN CHEUNG AND ANOTHER v. CHAN CHI MING AND ANOTHER

RE MADAM YAU CHUK YING