12 Mar 2026
金藝企業有限公司 對 余曉燕
- Citation
- [2026] HKCA 407
- Court
- Court of Appeal
- Case number
- CAMP244/2024
被告人所提出之擬上訴理由僅重申其庭審立場且未針對原審法官拒絕其證供之理由提出實質反駁，缺乏合理得直之機會；其擬備之新證據既不符合Ladd v Marshall標準，亦遲交且與本案無實質關聯，故上訴許可應被拒絕。
Hong Kong Case Law
Mesne profit
4 Aug 2025
LINK PROPERTIES LTD v. 1968 LTD
- Citation
- [2025] HKCFI 3471
- Court
- Court of First Instance
- Case number
- HCA1282/2024
The defendant failed to establish any credible triable issues: the Tenancy Agreement expressly prohibited external alterations and signage without written approval and contained an entire agreement clause excluding alleged licence representations; the defendant did not demonstrate it operated a Shanghainese specialty restaurant before the action commenced; the defendant relied on unpleaded or belated defences which cannot defeat an Order 14 application; accordingly the Master's summary judgment was upheld and the stay refused.
6 May 2025
RE SO MEI TAO CANDY
- Citation
- [2025] HKCFI 1773
- Court
- Court of First Instance
- Case number
- HCB956/2025
The Debtor failed to set aside the statutory demand and did not adduce credible, particularized evidence of a bona fide dispute on substantial grounds against the debt established by an unsatisfied summary judgment and supported reinstatement evidence; accordingly she is deemed unable to pay and a usual bankruptcy order was appropriate under s.6A(1)(a).
28 Aug 2024
SUEN MA ON v. SUEN CHUN YU AND ANOTHER
- Citation
- [2024] HKDC 1337
- Court
- District Court
- Case number
- DCCJ5032/2019
Plaintiff failed to discharge the high evidential burden to prove adverse possession: his evidence was materially inconsistent and not credible; contemporaneous and corroborated evidence established Defendants' father occupied, farmed and used the Rear Structure and the fence/gate did not exclude Defendants; title remained with Defendants and Plaintiff became a trespasser from failure to deliver up by the agreed date; Defendants entitled to injunctions, demolition/reinstatement and mesne profit measured by the value of the use enjoyed (domestic use for the Rear Structure, agricultural for ope…
5 Jul 2024
CHOI YAT FAN YILDIZ, Administratrix of the estate of NG KET CHIEW, Deceased v. THE OCCUPIER(S) AND ANOTHER
- Citation
- [2024] HKDC 1032
- Court
- District Court
- Case number
- DCMP22/2019
Judge found on facts that 2nd Defendant exercised exclusive physical possession and animus from late August 1991 so Plaintiff's recovery claim was time‑barred by the 12‑year limitation as at late August 2003; independently, the 2007 agreement was performed by both sides and gave rise to equitable rights by part performance and proprietary estoppel obliging the administratrix to transfer the registered title to the 2nd Defendant; accordingly Plaintiff's claims dismissed and order for transfer made.
22 Dec 2023
張醒文 對 温志豪
- Citation
- [2023] HKDC 1816
- Court
- District Court
- Case number
- DCCJ2836/2022
Defendant admitted the 2020 tenancy had ended and did not contest vacating; his pleaded case merely sought monetary compensation for structures and did not disclose a defence that could defeat plaintiff's possession claim or give rise to equitable set-off; therefore the defence was struck out as not disclosing a reasonable cause and/or being frivolous or an abuse under Order 18 r.19(1); judgment for possession, removal orders, mesne profits, interest and costs were ordered.
5 May 2023
FIRST GRADE INTERNATIONAL TRADING LTD v. MEERA INDUSTRIES LTD
- Citation
- [2023] HKLdT 37
- Court
- Lands Tribunal
- Case number
- LDPE167/2023
The Tribunal found on the evidence there was no agreed break clause, no proven rent guarantee, and the alleged defamation/discrimination did not legally excuse non-payment; the Respondent breached the tenancy from 8 January 2023 and forfeiture was lawful; the proposed appeal lacked a reasonable prospect of success and no other interest of justice justified leave or a stay, so leave was dismissed.
30 Dec 2022
KWAN SHUK CHING v. WAN MEI YAU
- Citation
- [2022] HKCFI 3781
- Court
- Court of First Instance
- Case number
- HCA2765/2016
The Plaintiff failed to prove the 1998 oral agreement or the 2001 representations; contemporaneous documents (notably the 2004 tenancy) and public land/charge records contradicted her account and her post‑2011 conduct was inconsistent with asserted proprietary rights; accordingly her equitable claims fail, the Defendant is entitled to vacant possession and mesne profits adjusted for certain post‑2015 renovation expenses.
11 May 2022
NONFERROUS METALS PROCESSING (HONG KONG) CO LTD v. WAH KEUNG METAL ENGINEERING LTD
- Citation
- [2022] HKDC 123
- Court
- District Court
- Case number
- DCCJ6123/2020
The court found on the evidence that the parties agreed rent would commence 15 June 2018 and the HK$240,000 paid was advance payment of two months' rent; there were no arrears on 2 August 2018; the defendant therefore had no right of lien and wrongfully detained the plaintiff's machines (conversion) until 27 August; consequentially plaintiff's claims for deliver-up and conversion succeed (damages nominal) and all parts of the defendant's counterclaim fail.
31 Jan 2022
MA MUI CHI OMEI v. HO KA FAI
- Citation
- [2022] HKCFI 421
- Court
- Court of First Instance
- Case number
- HCA1363/2021
Plaintiff’s pleaded facts showed she provided 90.92% of acquisition and related payments, she validly severed the joint tenancy, defendant failed to respond, and a narrowly tailored declaratory order (that defendant holds 40.92% on trust for plaintiff) was necessary to give full justice and prevent prejudice to plaintiff; accordingly default judgment including the declaration, orders for assignment and costs was granted, with mesne profits to be assessed separately.