Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Building covenants

  • 4 Mar 2002

    YING HO COMPANY and Others vs THE SECRETARY FOR JUSTICE

    Citation
    YING HO COMPANY and Others vs THE SECRETARY FOR JUSTICE
    Court
    Court of First Instance
    Case number
    HCA10834/1998

    Only a narrow implied term was necessary: if culpable/unreasonable government delay prevents the grantee complying with building covenant periods, the period must be extended for that delay. Court found no culpable delay by Government between May 1994 and April 1996, no binding agreement by SPEL to grant free extensions, and the premia paid were valid consideration for forbearance. Therefore plaintiffs' principal claims fail and payments under protest are not recoverable absent duress or bad faith, neither of which was made out.

  • 4 Oct 1968

    ATTORNEY GENERAL v. TONG IU AND ANOTHER

    Citation
    ATTORNEY GENERAL v. TONG IU AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA31/1968

    The Particulars and Conditions of Sale together with the signed Memorandum constituted a completed contract of sale that conferred immediate possession and enforceable payment obligations; failure to perform the building covenant did not automatically discharge the contract and, on the facts, there was no unconscionability sufficient to engage equitable discretion to deny the Crown its legal remedy; accordingly the Crown was entitled to judgment for the unpaid instalment of $82,856.