Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Density control
  • 15 Apr 2014

    NEW MERCURY HOLDING CORPORATION v. THE SECRETARY FOR JUSTICE

    Citation
    NEW MERCURY HOLDING CORPORATION v. THE SECRETARY FOR JUSTICE
    Court
    Court of Appeal
    Case number
    CACV73/2013

    CACV73 allowed: on construction of the Curtilage Covenant in context the term 'residential premises' can include a pair of semi-detached houses given the contemporaneous developments and explicit permission for 'detached or semi-detached residential premises'; declaration granted and costs ordered to defendant to pay plaintiff in that appeal. CACV74 dismissed: the Curtilage Covenant requires the minimum 8,000 sqft curtilage (including building area) to be situated exclusively within the demised lot; allowing curtilage to straddle adjoining lots would undermine the scheme and covenant runs wit…