18 Jul 2025
YIM TIN FOOK, since deceased (YIM LOK MAN WINNE, appointed by Order dated 10 May 2024 to represent the Estate of YIM TIN FOOK, deceased) AND ANOTHER v. YU CHOR LAI, KONG WAI HUNG and SOU KA LUN trading as WANG CHEUNG INDUSTRIAL CHEMICALS CO AND ANOTHER
- Citation
- [2025] HKCA 675
- Court
- Court of Appeal
- Case number
- CACV5/2020
The Court applied the Milmo rule: the 1983 lease operated as an assignment of the Government Lease to D2; the NTLEO extended the term of that lease without changing ownership and thus extended D2's term; however, because the 1983 lease was registrable but unregistered, section 3(2) LRO rendered it null and void as against subsequent bona fide purchasers for value (the Registered Owners), who therefore took good title. Accordingly the judge’s determinations on all three questions were upheld and the appeals dismissed.