Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Government lease

  • 15 Apr 2014

    NEW MERCURY HOLDING CORPORATION v. THE SECRETARY FOR JUSTICE

    Citation
    NEW MERCURY HOLDING CORPORATION v. THE SECRETARY FOR JUSTICE
    Court
    Court of Appeal
    Case number
    CACV73/2013

    CACV73 allowed: on construction of the Curtilage Covenant in context the term 'residential premises' can include a pair of semi-detached houses given the contemporaneous developments and explicit permission for 'detached or semi-detached residential premises'; declaration granted and costs ordered to defendant to pay plaintiff in that appeal. CACV74 dismissed: the Curtilage Covenant requires the minimum 8,000 sqft curtilage (including building area) to be situated exclusively within the demised lot; allowing curtilage to straddle adjoining lots would undermine the scheme and covenant runs wit…

  • 14 Oct 2011

    KAN YUI MAN ALLEN AND ANOTHER v. NG HIU NAM

    Citation
    KAN YUI MAN ALLEN AND ANOTHER v. NG HIU NAM
    Court
    District Court
    Case number
    DCMP174/2011

    Vendor failed to discharge obligation to show and prove good title and to provide all title deeds: the vendor withheld the articles of association preventing the s23 presumption for the 7-May PoA, failed to produce Special Power of Attorney (3 Oct 2001) and Deed of Delegation (11 Oct 2001) within 15 years as required by s13, supplied an incomplete certified government/Crown lease (missing marginal note), and failed to disclose particulars of a High Court action against the Incorporated Owners that could constitute an encumbrance; these failures amounted to breach and repudiation entitling pur…

  • 21 Apr 2006

    GOLDMEX LTD AND OTHERS v. EDWARD WONG FINANCE CO LTD

    Citation
    GOLDMEX LTD AND OTHERS v. EDWARD WONG FINANCE CO LTD
    Court
    Court of First Instance
    Case number
    HCA4788/2001

    Requisitions were raised out of time (nine days before completion) and time was of the essence; Defendant's replies were expressly without prejudice and did not waive the right to object; in any event the requisitions were sufficiently answered on the merits (Lands Department confirmation of consent, approved plans and certified occupation permit, and Clause 9 permitted certified copies where originals not in vendor's possession); Plaintiffs repudiated the provisional agreements so claims dismissed and Defendant entitled to declarations, forfeiture of deposits and costs.

  • 27 Jul 2001

    CHAN KOON WAH v. YOUNG TAK LOR

    Citation
    CHAN KOON WAH v. YOUNG TAK LOR
    Court
    District Court
    Case number
    DCCJ3649/2001

    Vendor had shown good title by admissible secondary evidence of government demise; requisitions raised after the agreed completion date were in time because parties continued to deal with title; deposit of 25% was not forfeitable absent express contractual forfeiture or special circumstances justifying more than customary 10%; vendor entitled only to damages for loss of bargain; valuation date for damages fixed as date parties finally broke off (5 November 1998).

  • 26 Nov 1998

    CHOI LAI KAM v. TANG KAM CHOI

    Citation
    CHOI LAI KAM v. TANG KAM CHOI
    Court
    Court of First Instance
    Case number
    HCA4165/1997

    The tenancy was of agricultural land (including dwelling occupied by persons working the land) and therefore not a protected tenancy under Part II; the 1979 Notices to Quit were valid and effective; no implied new tenancy arose because rent was not accepted after notice and there was no act implying consent; defences of laches, acquiescence and waiver fail because the Defendant's reliance was not induced by Plaintiff and Defendant had notice of the Notices; therefore Plaintiff entitled to possession, injunction, mesne profits at $200 per annum from 1 July 1980 and costs (nisi).

  • 22 Oct 1998

    CHIU SHUK FONG v. NG PING CHIU DESMOND AND ANOTHER

    Citation
    CHIU SHUK FONG v. NG PING CHIU DESMOND AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP252/1998

    The vendor failed to prove title under s.13 CPO because the only tangible certified pages produced were illegible and there was insufficient secondary evidence to establish that the typed copy related to the specific lot; multiple block leases (‘Taxlord’ lots) and discrepancies in dates meant the conditions could not be assumed identical, therefore the requisition was not satisfactorily answered and the Originating Summons must be dismissed.

  • 2 Jul 1998

    ESSENCE STAR LTD. v. MAI JIANBO

    Citation
    ESSENCE STAR LTD. v. MAI JIANBO
    Court
    Court of First Instance
    Case number
    HCMP299/1998

    The court found the 16 December 1997 requisition was vague, unsupported by admissible evidence or plans, and the alleged alteration was discoverable by inspection or the assignment plan well before completion; therefore the purchaser had effectively accepted the vendor's title and the requisition was out of time and insufficient, so the originating summons failed and judgment was entered for the vendor for the agreed sum.