Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Air space rights
  • 14 Feb 1985

    WESTLANDS ESTATES LTD AND ANOTHER v. SWILYNN (HK) LTD

    Citation
    WESTLANDS ESTATES LTD AND ANOTHER v. SWILYNN (HK) LTD
    Court
    Court of First Instance
    Case number
    HCA8748/1984

    Unconditional leave to defend was granted on both nuisance and trespass because contested legal questions (existence and scope of any licence or acquiescence, whether an implied easement of necessity arose, and the proper extent of air‑space rights) are properly matters for full trial; there was no implied easement of necessity at the time of the 1971 grant and at best the defendant held a revocable bare licence which was revoked by letter dated 1 November 1984.