Hong Kong Case Law: Decisions & Judgments

Topic

Short term tenancy

Legal area

Court

15 Jul 2022

HONG KONG WASTE ASSOCIATION LTD v. LIU CHIN HSIANG AND ANOTHER

Citation

[2022] HKDC 698
Court

District Court
Case number

DCCJ4291/2021

The court granted default judgment because the plaintiff's statement of claim established occupation and unauthorised activities on Site A, substituted service ordered was effected and no acknowledgement or defence was filed, thereby permitting injunctive relief to restore possession and prevent further occupation; a declaratory order was unnecessary given effective permanent injunctions.
21 Aug 2019

TANG CHI FAI v. DIRECTOR OF LANDS FOR AND ON BEHALF OF LANDS DEPARTMENT

Citation

[2019] HKCFI 2041
Court

Court of First Instance
Case number

HCAL391/2019

The decision to terminate STT No 441 and issue the notice to quit is a private law decision not amenable to judicial review; alternatively, even on public law grounds the Decision was not Wednesbury unreasonable. Therefore the application for leave to apply for judicial review and the application for extension of time are dismissed and no extension of time is granted.
22 Nov 2013

FAVOURABLE ISSUE CO LTD v. SECRETARY FOR JUSTICE

Citation

FAVOURABLE ISSUE CO LTD v. SECRETARY FOR JUSTICE
Court

Court of Appeal
Case number

CACV254/2012

The Court allowed the defendant's appeal because the pre-1968 approvals and amended plans gave only a conditional, building‑specific waiver of Special Condition 10 tied to the representations (unexcavated car port, unenclosed car park and terrace); they did not effect a general waiver of the covenant, so the Government could recover fees, terminate the Temporary Waiver and re‑enter; furthermore the Garden and New Road Permits were breached and their cancellation was not wrongful.
19 Oct 2012

FAVOURABLE ISSUE CO LTD v. SECRETARY FOR JUSTICE

Citation

FAVOURABLE ISSUE CO LTD v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCA3344/2001

Court found there was a waiver of SC-10 by the District Officer; both parties entered the TW under a shared mistaken belief that SC-10 was enforceable, rendering the TW void for common mistake; DLO entitled to cancel the Garden Permit and the New Road Permit because the canopy and Room 1 were unauthorized structures and the Road Permit did not regularize the encroachment; SC-9 was not properly pleaded and could not found re-entry.
15 Sept 2005

GOLDCO DEVELOPMENT LTD v. SECRETARY FOR JUSTICE

Citation

GOLDCO DEVELOPMENT LTD v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCA4221/2003

The court concluded on the balance of probabilities that the plaintiff's misrepresentation and implied-term claims were highly unlikely to succeed; therefore the defendant was more likely than not to recover a substantial monetary judgment. The appeal was dismissed as to the lump sum interim payment, and the court exercised its discretion to vary but not substantially increase periodic interim payments, refusing to grant an order effectively equivalent to summary judgment by the back door.
27 Aug 2004

YEUNG KWAI YAN v. COOPER JOHN GILES

Citation

YEUNG KWAI YAN v. COOPER JOHN GILES
Court

Court of First Instance
Case number

HCA10649/2000

The application for a mandatory interlocutory injunction was dismissed because there was substantial unexplained delay since knowledge of the structures, the plaintiff failed to show the high degree of assurance required on an interim mandatory injunction, and there was an arguable defence of waiver and other disputes which meant the plaintiff was not clearly entitled vis-à-vis the defendant to insist on removal of the structures.

Hong Kong Case Law

HONG KONG WASTE ASSOCIATION LTD v. LIU CHIN HSIANG AND ANOTHER

TANG CHI FAI v. DIRECTOR OF LANDS FOR AND ON BEHALF OF LANDS DEPARTMENT

FAVOURABLE ISSUE CO LTD v. SECRETARY FOR JUSTICE

FAVOURABLE ISSUE CO LTD v. SECRETARY FOR JUSTICE

GOLDCO DEVELOPMENT LTD v. SECRETARY FOR JUSTICE

YEUNG KWAI YAN v. COOPER JOHN GILES