13 Jan 2023
AFH HONG KONG STORES, LTD v. FULTON CORPORATION LTD
- Citation
- [2023] HKCA 78
- Court
- Court of Appeal
- Case number
- CACV201/2021
The Court of Appeal held that in the context of this lease the natural and ordinary meaning of 'bare shell' is the structural concrete frame only (free of non-structural partitions and unfurnished/undecorated) and that where floors are demised separately the Tenant must return the structural walls and floor slab on each demised floor; accordingly the appeal was allowed, the judge's orders (including an order for judgment) were set aside and the action remitted to the CFI for trial; costs orders were made against the Tenant as assessed.