Hong Kong Case Law: Decisions & Judgments

Topic

Estoppel by tenancy

Legal area

Court

23 Oct 2025

香港平民屋宇有限公司對關偉建

Citation

[2025] HKDC 1800
Court

District Court
Case number

DCCJ5509/2023

Plaintiff, as registered owner, is entitled to recover vacant possession of the specified flats upon expiry of the tenancies; defendants failed to prove proprietary or promissory estoppel, estoppel by convention, or an implied perpetual renewal term; historical hire‑purchase/sale documents did not create enduring land title in the present flats; challenge to clause II(26) was unnecessary to decide as plaintiff prevailed on primary rights.
22 Apr 2015

CHAN HAU LING v. 劉西 AND ANOTHER

Citation

CHAN HAU LING v. 劉西 AND ANOTHER
Court

Court of First Instance
Case number

HCA1286/2012

The plaintiff, having had prior exclusive possession, retained locus to sue; the defence of abandonment was rejected on the facts and in law; the court found an oral agreement that 1st defendant would settle arrears and remedial costs in return for possession until mid‑2010; estoppel applied to preclude the 1st defendant (and through him the 2nd defendant) from denying the plaintiff's right to possession; accordingly the plaintiff was entitled to vacant possession and mesne profits assessed by the court.
29 Aug 2008

MAK LAI CHUEN suing as sole manager of MAK TSOK SUI TSO v. MAK PUI KUEN

Citation

MAK LAI CHUEN suing as sole manager of<br><br>MAK TSOK SUI TSO v. MAK PUI KUEN
Court

District Court
Case number

DCCJ2610/2006

On the evidence including uncontested expert evidence of Chinese customary law, two co-managers appointed to a Tso exercise joint authority and the death of one does not automatically vest full managerial powers in the survivor; there was no properly convened majority decision of the Tso to appoint the surviving manager as sole manager after Yuk Hon's death, therefore Lai Chuen lacked authority to terminate the tenancies or commence possession proceedings and the tenants were entitled to challenge his authority.
29 Aug 2008

MAK LAI CHUEN suing as sole manager of MAK TSOK SUI TSO v. LAU KAR YAU

Citation

MAK LAI CHUEN suing as sole manager of MAK TSOK SUI TSO v. LAU KAR YAU
Court

District Court
Case number

DCCJ2609/2006

On the evidence, including unchallenged expert evidence on Chinese customary law, a surviving co-registered manager did not acquire full authority to act as sole manager on the death of a co-manager absent a valid decision by the Tso membership; termination of tenancies and eviction are major decisions requiring such membership decision, therefore the plaintiff lacked authority and his claims fail.
13 May 2005

TANG MAN KIT AND ANOTHER v. HIP HING TIMBER CO LTD

Citation

TANG MAN KIT AND ANOTHER v. HIP HING TIMBER CO LTD
Court

Court of Appeal
Case number

CACV137/2002

The Court allowed the appeal because the plaintiffs, as managers in possession and subject to estoppel by tenancy, had capacity to recover possession notwithstanding absence of registration at commencement; the District Office's subsequent recognition of the Heung and its managers is binding until set aside and prevents relitigation; section 345 did not bar the action on these facts; accordingly Yuen J's dismissal was set aside and the matter remitted for trial on the merits.

Hong Kong Case Law

香港平民屋宇有限公司 對 關偉建

CHAN HAU LING v. 劉西 AND ANOTHER

MAK LAI CHUEN suing as sole manager of MAK TSOK SUI TSO v. MAK PUI KUEN

MAK LAI CHUEN suing as sole manager of MAK TSOK SUI TSO v. LAU KAR YAU

TANG MAN KIT AND ANOTHER v. HIP HING TIMBER CO LTD

香港平民屋宇有限公司對關偉建