Hong Kong Case Law: Decisions & Judgments

Topic

Guesthouse licensing

Legal area

Court

15 Oct 2021

CHEUNG HEI LAN v. DING GAM SHAN

Citation

[2021] HKCFI 3048
Court

Court of First Instance
Case number

HCA1173/2020

The appeal was allowed in part because there was an arguable defence that the Agreement involved unauthorised sub‑licensing contrary to the Ordinance (potential illegality) and because equitable set‑off based on the same facts was an arguable defence to the Plaintiff's monetary claims; accordingly unconditional leave to defend monetary claims and to file a defence and counterclaim was granted and the master’s order as to liability on monetary claims was set aside with directions on filing and costs.
23 Dec 2013

MUTUALBEST LTD v. NGAI WAH KIT

Citation

MUTUALBEST LTD v. NGAI WAH KIT
Court

Lands Tribunal
Case number

LDPD1548/2013

Judge found on balance of probabilities that respondent ran a guesthouse in breach of Clause 1 Schedule II and Clause 3, rejected respondent's evidence of landlord consent and estoppel, and held that because parting with possession could be remediable (per Akici) the Section 58(1) notice failed to specify a reasonable time to remedy; therefore the notice was invalid and no right to forfeiture had accrued, so the possession application failed.
28 Aug 1997

THE INCORPORATED OWNERS OF HAMILTON MANSION v. CO-ASIA PROPERTIES LTD

Citation

THE INCORPORATED OWNERS OF HAMILTON MANSION v. CO-ASIA PROPERTIES LTD
Court

Lands Tribunal
Case number

LDBM59/1997

Operating guesthouses and the photo studio constituted breaches of Clause 9(K) of the DMC because those flats were not used as private residences; there was no complete or substantial change in the character of the building that destroyed the object of the covenant; prior tolerance and management forbearance did not amount to acquiescence or estoppel sufficient to bar relief; the chairman's personal acts were not imputable to the incorporated owners; accordingly injunctions should be granted to enforce the DMC.

Hong Kong Case Law

CHEUNG HEI LAN v. DING GAM SHAN

MUTUALBEST LTD v. NGAI WAH KIT

THE INCORPORATED OWNERS OF HAMILTON MANSION v. CO-ASIA PROPERTIES LTD