Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Illegal/unauthorised building works

Legal area

Court

21 Feb 2014

AVC PROPERTY DEVELOPMENT COMPANY LTD v. JOYFUL GRACE TRADING LTD AND ANOTHER

Citation

AVC PROPERTY DEVELOPMENT COMPANY LTD v. JOYFUL GRACE TRADING LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA529/2013

The appeal was dismissed because the defendant failed to raise any credible triable issue. The written tenancy agreement and handover form, contemporaneous communications and lack of particularised, admissible evidence rendered the alleged representations and promissory estoppel implausible. Entire-agreement and no-warranty clauses in the tenancy foreclosed reliance on unrecorded collateral terms; estoppel was not pleaded or supported. Summary judgment for the landlord on the rent/mesne profits claim was therefore appropriate.
12 Mar 1979

MODY HOLDINGS LTD v. SYLVIA SETO

Citation

MODY HOLDINGS LTD v. SYLVIA SETO
Court

Court of Appeal
Case number

CACV14/1978

The deed of covenant did not create a 15‑year lease nor a binding option to grant the additional eight years; the tenant committed a continuing breach of the covenant to repair by carrying out unauthorised/illegal alterations (no implied consent to illegal works); a valid tender removed the right to forfeit for non‑payment as at the date of the writ; equitable relief against forfeiture was refused because the lease had expired and relief would have been futile; consequently the landlord was entitled to possession and the counterclaim failed.