17 May 2017
傅玉桂 對 詹偉文
- Citation
- 傅玉桂 對 詹偉文
- Court
- District Court
- Case number
- DCCJ714/2016
The usage agreement necessarily and reasonably included implied conditions that the occupier must use the land and any temporary structures in accordance with the government's registration and lease conditions; the defendant altered the registered structures so they no longer matched Land Department records, thereby breaching those implied conditions which were conditions entitling the plaintiff to terminate; the defendant's asserted proprietary title was legally untenable and a 2004 third‑party representation did not excuse the breach; plaintiff validly terminated by notice and is entitled t…