23 Aug 2023
CHENG YEE KIT SHIRLEY v. NG SHEK HING by his Guardian ad litem NG WING LEUNG
- Citation
- [2023] HKCFI 2092
- Court
- Court of First Instance
- Case number
- HCA2669/2017
There was no contractual obligation requiring the Plaintiff to complete works by June 2016; the Defendant breached express and implied terms by taking possession and control of construction without the Plaintiff's consent and by preventing her agents' access; implied terms permitting access and forbidding repossession were necessary and obvious; accordingly Plaintiff is entitled to a declaration that the Defendant holds the Disputed Property on trust for her, specific performance (delivery of possession) subject to Conditions of Grant, mesne profits and costs.