Hong Kong Case Law

張莉 對 KO KA YUE

Court

Court of First Instance

Case number

HCSA3/2026

Leave to appeal was granted in part because the applicant demonstrated arguable errors of law or principle in the Tribunal's handling of specific items (items 5,6,8,12) regarding whether the tenant could discharge repair obligations by the least onerous method and in the assessment of repair duration and rent loss (items 14 and 15) including responsibility for rent during key transit; all other factual findings were not shown to be plainly wrong and leave was refused for those items; costs to follow the appeal outcome.

Source excerpt

• Deposit forfeiture
• Repair and dilapidations
• Mitigation of loss
• Leave to appeal
• Rent arrears

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AXHT COMPANY LTD v. WING WO LUNG COMPANY LTD AND OTHERS

Court

Court of First Instance

Case number

HCA2980/2015

Court held the 10th defendant was a bona fide purchaser for value without notice and also made out change of position, defeating AXHT’s claims; AXHT succeeded against the 3rd defendant.

• Bona fide purchaser for value without notice
• Change of position
• Constructive trust
• Tracing
• Mortgage fraud
• Deposit forfeiture

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HG PROPERTY INVESTMENT HK LTD v. CHENG MEI HOLDINGS LTD (RECEIVERS AND MANAGERS APPOINTED) AND OTHERS

Court

Court of First Instance

Case number

HCA1469/2022

The court refused, for now, to order two related property disputes to be tried together, holding that pleadings were still incomplete and the issues were not yet crystallized.

• Consolidation of actions
• Trial together/one after another
• Termination of sale and purchase agreement
• Deposit forfeiture
• Unenforceable penal clause
• Voidable disposition under s60 conveyancing and property ordinance

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RESOURCES LEADER LTD v. HO NGO YING

Court

Court of First Instance

Case number

HCA2667/2018

Trial judgment in a conveyancing dispute over unauthorized building works, late requisitions on title, and deposit forfeiture. The court dismissed the purchaser’s claim.

• Unauthorized building works
• Requisitions on title
• Good title
• Rescission
• Deposit forfeiture
• Waiver

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CENTALINE PROPERTY AGENCY LTD v. SUNTON LTD AND ANOTHER

Court

Court of First Instance

Case number

HCSA3/2021

The Court of First Instance dismissed an application for leave to appeal from the Small Claims Tribunal in a tenancy commission dispute, finding no arguable error of law.

• Leave to appeal
• Jurisdiction
• Breach of preliminary tenancy agreement
• Commission/liquidated damages
• Burden of proof
• Evidence (hearsay)

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MULTI ELITE LTD v. LI YAN PING AND ANOTHER

Court

Court of First Instance

Case number

HCA1486/2014

The court held that a waiver clause in a shop sale agreement barred objections based on alleged UBWs, so the purchaser’s refusal to complete was repudiatory.

• Waiver clause
• Unauthorised building works (ubws)
• Good title
• Requisitions on title
• Agency duty of care
• Deposit forfeiture

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LEUNG SHING YIN AMBROSE v. DORRO PROPERTIES LTD

Court

District Court

Case number

DCCJ16/2017

The District Court held that an oral tenancy agreement for Flat 10B existed and was enforceable by part performance. The tenant repudiated, the landlord could forfeit the converted deposit, and only nominal damages were proved.

• Part performance
• Conveyancing and property ordinance s3
• Deposit forfeiture
• Repudiation
• Nominal damages
• Mitigation

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KIN TONG LAND INVESTMENT CO LTD v. CAPELLA LTD

Court

District Court

Case number

DCCJ3495/2017

Assessment of damages for breach of an agreement for lease, with the court awarding the landlord HK$106,192.52 plus interest and costs after crediting the dishonoured cheque.

• Repudiation
• Mitigation of damages
• Deposit forfeiture
• Measure of damages
• Stamp duty
• Agreement-for-lease

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YU YING MING v. NG WAH HUNG

Court

District Court

Case number

DCCJ3141/2015

The District Court dismissed the defendant’s appeal, held that oral evidence could not vary liability on the cheque, and upheld judgment for HK$200,000 plus interest and costs.

• Summary judgment
• Dishonoured cheque
• Parol evidence rule
• Deposit forfeiture
• Conditional delivery/escrow
• Summary-judgment

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WONG PAK WING AND ANOTHER v. PEI MUN LING ANNY

Court

District Court

Case number

DCCJ252/2015

The District Court refused summary judgment for purchasers seeking return of a deposit, holding the sale agreement’s validity was arguable and restitution was not properly pleaded.

• Order 14 summary judgment
• Void contract under statutory restriction
• S17b housing ordinance
• Lis pendens / wrongful registration
• Deposit forfeiture
• Unjust enrichment elements

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