Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Trespass and mesne profits

Legal area

Court

10 Jan 2008

PROSPEROUS NURSING CENTRE LTD v. CHEUNG YUK YING AND ANOTHER

Citation

PROSPEROUS NURSING CENTRE LTD v. CHEUNG YUK YING AND ANOTHER
Court

Court of First Instance
Case number

HCA3810/2002

The Agreement was illegal and unenforceable because it sought to separate licence holding from operation of the residential care home in contravention of the Ordinance and public policy; the Agreement, by its terms and circumstances, excluded an undisclosed principal claim by Yek Tak so Yek Tak had no standing on the counterclaim; Cheung breached an implied term to notify the Social Welfare Department and to protect the licence; Prosperous was entitled to permanent injunction for trespass and mesne profits of HKD 76,000; counterclaims dismissed and restitution of deposit failed on in pari del…
30 Jun 1971

SIM LIM CO (HK) LTD v. WONG LOON TIN AND ANOTHER

Citation

SIM LIM CO (HK) LTD v. WONG LOON TIN AND ANOTHER
Court

Court of First Instance
Case number

HCA1240/1970

The written sale agreement dated 23 December 1969 is a valid, enforceable contract entered into before the commencement of the Security of Tenure Ordinance 1970 and thus the Ordinance (and the subsequent Rent Control Ordinance) do not apply; the notices to quit under Cap.335 terminated the tenancies on 31 May 1970, defendants remained in occupation as trespassers, and plaintiff is entitled to possession, mesne profits and costs.