Hong Kong Case Law

21 Jul 1999

WANG ON ENGINEERING HOLDING LTD. AND ANOTHER v. MORE SHARP INVESTMENTS LTD. and CHIU FUNG CHUN (3rd Party)

Citation

WANG ON ENGINEERING HOLDING LTD. AND ANOTHER v. MORE SHARP INVESTMENTS LTD. and CHIU FUNG CHUN (3rd Party)

Court

Court of First Instance

Case number

HCA18687/1998

The 1st plaintiff, not being a party to the Agreement of 16 March 1998, does not appear to have a right to enforce the covenants therein; accordingly the court treated the application as one for security for costs against the 2nd plaintiff (a BVI company) and ordered security of $300,000 with conditions including a 28‑day deadline and liberty to the defendant to apply for further security.

• Security for costs
• Enforceability of covenants
• Successor in title

17 Jun 1999

ORIENTAL SOLUTION INVESTMENT LTD v. SIN KA-WING t/a C K DESIGN CO

Citation

ORIENTAL SOLUTION INVESTMENT LTD v. SIN KA-WING t/a C K DESIGN CO

Court

Court of First Instance

Case number

HCA1116/1999

On assignment of the reversion the right to recover rent and enforce covenants passed to the assignee; the assignor lost his right to sue for arrears that accrued before the assignment and therefore the plaintiff's claim was dismissed, with costs.

• Assignment of reversion
• Privity of contract
• Privity of estate
• Enforceability of covenants
• Arrears of rent
• Conveyancing and property ordinance s31

22 May 1990

SUPREME HONOUR DEVELOPMENT LTD. v. LAMAYA LTD. AND ANOTHER

Citation

SUPREME HONOUR DEVELOPMENT LTD. v. LAMAYA LTD. AND ANOTHER

Court

Court of First Instance

Case number

HCA2477/1989

The right to name the building is not an easement or appurtenant proprietary right and therefore covenants in the DMC acknowledging that right are personal and do not relate to land for purposes of s.41(2) CPO; accordingly those covenants do not run with the land and do not bind successors in title, the Defendant had no enforceable right to change the building name against co-owners and is liable in trespass; the Defendant's claims against the Third Party for title/warranty fail as the right was not an assignable interest in land.

• Easements
• Deed of mutual covenant
• Running of covenants
• Enforceability of covenants
• Trespass and ouster
• Assignment of rights

5 Feb 1983

GROTON INVESTMENT LTD AND ANOTHER v. ATTORNEY GENERAL

Citation

GROTON INVESTMENT LTD AND ANOTHER v. ATTORNEY GENERAL

Court

Court of First Instance

Case number

HCMP1466/1982

The Form 30 permit and the concessions it granted were inseparable from and conditional upon the execution of the 1973 approved building plans; the concessions could not be preserved or relied upon for newly submitted building plans, and the 1974 Agreement did not create independent, subsisting rights enforceable absent completion of the 1973 plans.

• Statutory permits
• Exemption and modification of regulations
• Interpretation of conditions
• Enforceability of covenants
• Public passage agreements

INTERNATIONAL PROPERTY MANAGEMENT LTD v. LEE YUNG SANG

Citation

INTERNATIONAL PROPERTY MANAGEMENT LTD v. LEE YUNG SANG

Court

District Court

Case number

DCCJ8688/1975

Section 3(1) of Cap.297 makes the maintenance covenants in the Deed of Mutual Covenant enforceable against a subsequent owner; the phrase "each and every other part" in s.3(1) is to be read as "any other part", so the Management Company (as representative of at least one owner or by estoppel under clause 10(j)) has standing to sue; accordingly the defendant is liable for eighteen months' arrears totalling $630.00.

• Enforceability of covenants
• Maintenance charges
• Deed of mutual covenant
• Law of property (enforcement of covenants) ordinance cap.297
• Assignment/subsequent purchaser
• Estoppel