Hong Kong Case Law: Decisions & Judgments

Topic

Assignment of lease

Legal area

Court

7 May 2021

唐仁義對泰穗貿易有限公司

Citation

[2021] HKCA 628
Court

Court of Appeal
Case number

CAMP242/2020

Leave to appeal was refused because (a) the leave application was timely once the legal aid suspension was excluded from the time limit, and (b) there was no arguable appeal with a real prospect of success: the trial judge's factual findings that the 2013 deposit had been effectively transferred and that the parties acted consistently with that transfer were not shown to be wrong, the applicant's new assertions were not raised at trial and conflicted with objective conduct, and the alleged forgery was irrelevant to the outcome.
23 Apr 2021

LO KIT MAN v. WONG WAI SHING VINCENT

Citation

[2021] HKDC 405
Court

District Court
Case number

DCCJ4208/2017

The defendant remained legally liable for the HK$83,000 deposit despite assignment because the repayment obligation was a prospective contingent liability not transferred by assignment; the defendant did not adduce sufficiently cogent evidence to raise a triable issue that the tenant breached Clause 6, the plaintiff proved on balance that vacant possession was delivered in good and tenantable repair, and the third party who failed to acknowledge service is liable to indemnify the defendant under the Deed of Indemnity and default judgment is entered accordingly.
7 Oct 2016

CHEUNG WAH NIN AND OTHERS v. THE LAND REGISTRY AND ANOTHER

Citation

CHEUNG WAH NIN AND OTHERS v. THE LAND REGISTRY AND ANOTHER
Court

Court of First Instance
Case number

HCMP3337/2015

The court held that substance governs over labels: the Deeds, by granting exclusive possession of defined areas for a term, created interests in land (tenancies) and, because they effectively disposed of the entire residue of the Grantors' leasehold estates up to the common expiry date, operated as assignments of the lease terms; accordingly the Deeds are instruments which affect land and are registrable under the Land Registration Ordinance, subject to compliance with the Ordinance's registration requirements and regulations.
20 Sept 2016

CAI YI RUI formerly known as CHOI CHI FUNG v. CHATEAU CELLAR LIMITED

Citation

CAI YI RUI formerly known as CHOI CHI FUNG v. CHATEAU CELLAR LIMITED
Court

Court of First Instance
Case number

HCA1583/2014

The court found on the balance of probabilities that the seller had obtained oral landlord approval and had provided the Lease to the buyer; the buyer did not prove that the seller made a misrepresentation, fraudulent or otherwise, nor that the seller breached Clause 5 or repudiated the Agreement; accordingly the buyer failed to discharge the burden of proof and the counterclaim was dismissed.
4 Oct 2007

CHEN HSONG INVESTMENTS LTD v. WONG PING CHUEN AND OTHERS

Citation

CHEN HSONG INVESTMENTS LTD v. WONG PING CHUEN AND OTHERS
Court

Court of First Instance
Case number

HCMP1769/2007

Despite finding the delay inexcusable, leave to appeal out of time was granted because the proposed appeal had a reasonably good prospect of success based on an arguable factual and legal case that the 3rd named 2nd respondent had assigned her interest or terminated partnership on 27 February 2006, which if proven would negate liability for mesne profits thereafter.
30 Jun 2006

KING ROYAL LTD v. LAM KWAN YUK

Citation

KING ROYAL LTD v. LAM KWAN YUK
Court

District Court
Case number

DCCJ4617/2002

The agreement, evidenced by handing over the original tenancy and transfer of the whole term, constituted an assignment of the original lease not a subletting; therefore the Plaintiff had no right to demand rent and the Plaintiff’s claim was dismissed.
11 Dec 2001

CATHAY PACIFIC AIRWAYS LTD. v. WINLIGHT DEVELOPMENT LTD.

Citation

CATHAY PACIFIC AIRWAYS LTD. v. WINLIGHT DEVELOPMENT LTD.
Court

District Court
Case number

DCCJ10199/2001

The defendant remained personally liable to refund the HK$90,000 deposit despite assignment because the covenant was personal and did not run with the land; the plaintiff's silence did not amount to consent or novation and therefore did not estop the plaintiff; the action was brought within the statutory limitation period so laches did not bar the claim; judgment entered for the plaintiff for deposit, interest and costs.
9 Dec 1994

CHOI HUNG INVESTMENT CO. LTD. v. CHINCO INVESTMENT LTD.

Citation

CHOI HUNG INVESTMENT CO. LTD. v. CHINCO INVESTMENT LTD.
Court

Court of First Instance
Case number

HCMP2783/1994

Defendant proved title sufficiently: the loss of the original assignment was explained and the registered copy sufficed; the change of name and supporting statutory declarations and residence particulars established identity beyond reasonable doubt; signature differences on irrelevant earlier documents did not impeach the chain of title; certain requisitions were irrelevant or time‑barred; accordingly the summons was dismissed and costs awarded to the defendant.
9 Feb 1990

RORY MACDIARMID AND ANOTHER v. PARAYEAR INVESTMENT LTD AND OTHERS

Citation

RORY MACDIARMID AND ANOTHER v. PARAYEAR INVESTMENT LTD AND OTHERS
Court

Court of Appeal
Case number

CACV147/1989

The Court allowed the appeal because the plaintiffs failed to disclose a material fact (notice of assignment to the 1st defendant) which would have prevented the grant of the ex parte injunction; that material non‑disclosure required setting aside the costs order against the 2nd defendant and awarding the 2nd defendant its costs (both in the Court of Appeal and below).
15 Aug 1989

RORY MACDIARMID AND ANOTHER v. PARAYEAR INVESTMENT LTD AND OTHERS

Citation

RORY MACDIARMID AND ANOTHER v. PARAYEAR INVESTMENT LTD AND OTHERS
Court

Court of First Instance
Case number

HCA4053/1989

The plaintiffs were properly entitled to treat the 2nd defendant as the landlord in the absence of notice of assignment; the 2nd defendant and its advisers caused and prolonged the confusion by failing to respond and by filing misleading material, and therefore the plaintiffs were entitled to costs while the injunction against the 2nd defendant was discharged.