4 Mar 2024
KENWELL LTD v. LIU KIN KWAN GARY AND LAM TAT CHOW (BOTH TRADING UNDER THE NAME OR STYLE OF 昌盛公司, A FIRM)
- Citation
- [2024] HKDC 352
- Court
- District Court
- Case number
- DCCJ3616/2023
[2024] HKDC 352
Hong Kong Case Law
Renewal of lease
14 Feb 2011
CHAU KA CHIK TSO AND OTHERS v. SECRETARY FOR JUSTICE
- Citation
- CHAU KA CHIK TSO AND OTHERS v. SECRETARY FOR JUSTICE
- Court
- Court of Appeal
- Case number
- CACV26/2010
The Court held the discrepant areas became accretions to the leased sections of Lot 1212 by virtue of encroachment and government acquiescence; the inchoate or acquired rights from encroachment survived the deemed renewal in 1973 and the subsequent extension, and the plaintiffs are entitled to possession of the discrepant areas as part of their leased land until 30 June 2047.
28 Feb 2002
LEE LAI CHUN v. GRAND SEASONS (CENTRAL) AND ANOTHER
- Citation
- LEE LAI CHUN v. GRAND SEASONS (CENTRAL) AND ANOTHER
- Court
- District Court
- Case number
- DCCJ6329/2001
Although the court accepted that representations were likely made to induce the plaintiff to enter the licence, the subsequent agreement with HKHA was not a renewal on similar terms (different premises, different permitted user, loss of licence rights, different rent formula). Therefore the specific representation tied to HKHA renewing the tenancy could not have been breached, and the alternate representation that the defendant would renew the licence if it remained tenant was not established in terms that created an enforceable obligation; accordingly the plaintiff's claims failed and were d…
25 Apr 2001
MASS OCEAN INTERNATIONAL LTD. v. WYNYARD DEVELOPMENT LTD.
- Citation
- MASS OCEAN INTERNATIONAL LTD. v. WYNYARD DEVELOPMENT LTD.
- Court
- District Court
- Case number
- DCCJ223/2001
The alleged renewal, made after assignment, could not bind the registered purchaser because the purported option/right of renewal was not registered and therefore void against the Plaintiff; there is no credible evidence that the manager acted as agent for the Plaintiff or had authority to renew; accordingly there is no triable defence and summary judgment for possession and mesne profit from 1 May 2001 is granted.
27 Mar 1986
PANG KIN HANG AND OTHERS v. TSUI HUNG RESTAURANT LTD
- Citation
- PANG KIN HANG AND OTHERS v. TSUI HUNG RESTAURANT LTD
- Court
- Court of First Instance
- Case number
- HCA216/1986
The Master was correct to refuse summary judgment and grant conditional leave to defend because the existence, terms and binding effect of the alleged oral/collateral agreement, the question of agency/authority, the certainty of rent and term, and the reasonableness of reliance for estoppel are factual issues requiring trial rather than disposal on summary judgment.