Hong Kong Case Law: Decisions & Judgments

Topic

Tenancy validity

Legal area

Court

27 Jul 2015

LUCKY POWER LTD v. LAM, PHILIP YUNG TAK and/or other occupiers

Citation

LUCKY POWER LTD v. LAM, PHILIP YUNG TAK and/or other occupiers
Court

Court of First Instance
Case number

HCA481/2012

The 1984 Memorandum was an equitable mortgage by deposit of title deeds rather than an outright sale; Lucky Power, having validly purchased and registered title, is a bona fide purchaser for value entitled to exercise the equitable right of redemption and to take possession; the unregistered 2007 Tenancy Agreement is void against Lucky Power; therefore Lucky Power succeeds and the defendants' counterclaims are dismissed, with orders for account, payment, delivery of title deeds and vacant possession upon payment and inquiry as to compensation.
17 Dec 2004

STEPHEN LIU YIU KEUNG v. WINKO MOTOR INDUSTRIES LTD

Citation

STEPHEN LIU YIU KEUNG v. WINKO MOTOR INDUSTRIES LTD
Court

Court of First Instance
Case number

HCA929/2004

Defendants failed to adduce evidence of the Bank's prior written consent or to particularise credible triable issues (including credible evidence of fraudulent misrepresentation or of the loans underpinning the tenancy offsets); absent such evidence the tenancies cannot bind the chargee and are not bona fide, therefore summary judgment for the plaintiff is warranted in each action.
9 Aug 2004

JAPAN LEASING (HONG KONG) LTD v. SHUN KAI FINANCE CO LTD AND OTHERS

Citation

JAPAN LEASING (HONG KONG) LTD v. SHUN KAI FINANCE CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2027/2003

The defence alleging consent, acquiescence, estoppel and res judicata was unsustainable because the earlier proceedings did not determine the validity of the alleged tenancy; the 2nd and 3rd defendants lacked privity and independent rights to the tenancy (which belonged to Shun Kai); the proposed amendments to plead estoppel and issue estoppel were refused; consequently the defence was an abuse and was struck out and judgment granted for the plaintiff for possession, trespass and damages to be assessed.
21 May 2004

RE KEEN LLOYD RESOURCES LTD

Citation

RE KEEN LLOYD RESOURCES LTD
Court

Court of First Instance
Case number

HCCW1134/2002

Leave was granted: a secured creditor is ordinarily entitled to enforce its security and, despite liquidators' investigatory concerns and allegations of fraud, the issues raised were such that they were more appropriately determined in separate proceedings; the liquidators' need for further information did not justify delaying enforcement of security over the three properties.
19 Sept 2000

TANG KAM WAH AND OTHERS v. TANG MING YAT AND ANOTHER

Citation

TANG KAM WAH AND OTHERS v. TANG MING YAT AND ANOTHER
Court

Court of First Instance
Case number

HCA10141/1998

The court refused permission to re-amend because the proposed amendment was a late introduction of a new customary rule that would cause real and potentially irremediable prejudice to the Plaintiffs by necessitating fresh evidence and altering trial scope; the court also refused to adjourn the trial for an interlocutory appeal because the circumstances were not sufficiently exceptional, the plaintiffs would suffer prejudice from delay, and interlocutory appeal prospects did not justify interrupting the trial.

Hong Kong Case Law

LUCKY POWER LTD v. LAM, PHILIP YUNG TAK and/or other occupiers

STEPHEN LIU YIU KEUNG v. WINKO MOTOR INDUSTRIES LTD

JAPAN LEASING (HONG KONG) LTD v. SHUN KAI FINANCE CO LTD AND OTHERS

RE KEEN LLOYD RESOURCES LTD

TANG KAM WAH AND OTHERS v. TANG MING YAT AND ANOTHER