Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Lease and rent arrears

Legal area

Court

29 Jul 2022

SUNBROAD HOLDINGS LTD v. A80 PARIS HK LTD (formerly known as A80 ANOUFA PARIS HK LTD) AND ANOTHER

Citation

[2022] HKCFI 2251
Court

Court of First Instance
Case number

HCA1174/2021

On the facts the defendant tenant failed to establish that COVID-19 and social unrest frustrated the lease; commercial unprofitability and reduced footfall do not meet the high threshold for frustration; the tenant also failed to discharge the heavy burden of proving it would be wholly unreasonable for the landlord to retain the lease so as to deny the landlord enforcement of rent; accordingly the frustration defence is not arguable and the mitigation/affirmation defence fails on the evidence.
1 Jun 2005

SPOKESMAN ENTERPRISES LTD v. CHEUNG YUK SHING t/a KAM SHING MOTOR TRADING CO

Citation

SPOKESMAN ENTERPRISES LTD v. CHEUNG YUK SHING t/a KAM SHING MOTOR TRADING CO
Court

Court of Appeal
Case number

CACV398/2004

The defendant failed to establish a defense to the rent arrears: the HK$50,000 monthly payments were properly characterized as agency fees payable to Mr Tang on the evidence and not payments of rent; the defendant had conceded giving up vacant possession; leave to amend had lapsed under Order 20 r.9; therefore the masters order for vacant possession and mesne profits of HK$150,000 per month was correctly affirmed and the appeal was dismissed with costs.