Hong Kong Case Law: Decisions & Judgments

Topic

Illegal/unauthorised structures

Legal area

Court

19 Sept 2000

NI TIEE BOR ROBERT AND ANOTHER v. GOLDEN CRANE INDUSTRIES LTD.

Citation

NI TIEE BOR ROBERT AND ANOTHER v. GOLDEN CRANE INDUSTRIES LTD.
Court

Court of Appeal
Case number

CACV120/2000

The appeal is dismissed. The Court held the parties intended the side agreement's terms to form part of the contract and its omission from the formal sale and purchase agreement was a mistake in drafting for which the purchasers were aware and sought to benefit; rectification was therefore appropriate. The purchasers had agreed to take the property with alterations and could not rely on those alterations as defects to avoid completion. The equitable defence of unclean hands did not defeat rectification under the facts.
9 Jun 2000

ESPIRITU MARCELINO N AND ANOTHER v. LO KIT

Citation

ESPIRITU MARCELINO N AND ANOTHER v. LO KIT
Court

Court of First Instance
Case number

HCPI1266/1997

The defendant, as owner, was liable in negligence for the collapse of the unauthorised, corroded balcony (a metal cage) because it was poorly constructed, exposed to damp and not maintained or supported; the defendant's late concession of liability following acceptance of the Building Department's report settled factual causation and liability and there was no pursued contributory negligence; damages were assessed on the evidence and plaintiff vulnerability and economic loss quantified by lump sums.
14 May 1992

LI MING ON v. LUCKY APPLE LTD AND ANOTHER

Citation

LI MING ON v. LUCKY APPLE LTD AND ANOTHER
Court

Court of First Instance
Case number

HCMP1084/1992

Clause 5(d)(ii) does not render the defendants' title bad because it only operates where an undivided share or interest has been created; division of Lot 1009 into sections was permissible given payment of the additional premium under Clause 5(a)/(c). However, the plaintiff was entitled to object to title on grounds of the pool's uncertain legal status, the lack of regulated inter se rights between section owners creating unacceptable uncertainty, and the suspicious disposition under the power of attorney because the evidence does not dispel concern about an undervalue sale.

Hong Kong Case Law

NI TIEE BOR ROBERT AND ANOTHER v. GOLDEN CRANE INDUSTRIES LTD.

ESPIRITU MARCELINO N AND ANOTHER v. LO KIT

LI MING ON v. LUCKY APPLE LTD AND ANOTHER