Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mesne profits/occupation rent

Legal area

Court

16 May 2019

PANG KA LEONG v. CHEUNG MEI PO

Citation

[2019] HKDC 651
Court

District Court
Case number

DCMP2083/2017

Given the impracticability of partition and the breakdown in co-ownership, the court ordered sale under s6 Partition Ordinance; absent evidence of contrary intention, legal joint ownership gave rise to equal beneficial shares and net sale proceeds were to be distributed equally; defendant was found to have ousted plaintiff and was ordered to pay mesne profits of HKD 5,000 per month from 15 November 2015 until delivery of vacant possession.
23 Mar 2005

THE WORLD FOOD FAIR LTD AND ANOTHER v. HONG KONG ISLAND DEVELOPMENT LTD

Citation

THE WORLD FOOD FAIR LTD AND ANOTHER v. HONG KONG ISLAND DEVELOPMENT LTD
Court

Court of Appeal
Case number

CACV398/2003

On the facts the Court found a binding agreement existed by late January 1997: parties had agreed essential terms, the $200,000 payment and subsequent entry into possession and substantial preparatory expenditure constituted part performance displacing CPO s3(1), the defendant breached by repudiating agreed use and facilities, plaintiffs accepted repudiation by surrendering keys and removing effects, and plaintiffs were entitled to damages; appeal allowed and cross-appeal dismissed.