Hong Kong Case Law: Decisions & Judgments

Topic

Implied easement

Legal area

Court

14 Feb 1985

WESTLANDS ESTATES LTD AND ANOTHER v. SWILYNN (HK) LTD

Citation

WESTLANDS ESTATES LTD AND ANOTHER v. SWILYNN (HK) LTD
Court

Court of First Instance
Case number

HCA8748/1984

Unconditional leave to defend was granted on both nuisance and trespass because contested legal questions (existence and scope of any licence or acquiescence, whether an implied easement of necessity arose, and the proper extent of air‑space rights) are properly matters for full trial; there was no implied easement of necessity at the time of the 1971 grant and at best the defendant held a revocable bare licence which was revoked by letter dated 1 November 1984.
13 Dec 1984

CHIU SHU-CHOI v. MERRILONG DYEING WORKS LTD

Citation

CHIU SHU-CHOI v. MERRILONG DYEING WORKS LTD
Court

Court of Appeal
Case number

CACV102/1984

On construction of the Deed of Mutual Covenants the court implied a limited right of way in favour of the owner of the 9th floor: a right to pass and repass from the lift doors over the 8th floor to the nearest staircase as necessary for the proper use and enjoyment of the 9th floor, based on the express grant to use lifts and the shared obligation to maintain them; appeal dismissed.
13 Apr 1984

DATA ENTERPRISES LIMITED v. THE MACAO ELECTRIC LIMGHTING COMPANY LIMITED

Citation

DATA ENTERPRISES LIMITED v. THE MACAO ELECTRIC LIMGHTING COMPANY LIMITED
Court

Court of First Instance
Case number

HCA9244/1983

The court held that the re-grants of November 1971 expressly prevented extension of pre-existing rights beyond the expiry of the original Crown lease (30 Sept 1976); consequently neither prescription nor an easement of necessity could be recognised to arise beyond that term and an implied easement springing into life later was impermissible. The Plaintiff, however, had an implied mutual licence to use the common staircases and landings while the building remained in its then-state; proprietary estoppel was not established. A mandatory injunction to reinstate the demolished south front steps w…
10 Feb 1983

DR HENRIETTA MAN HING IP AND OTHERS v. CROCUS PROPERTY INC

Citation

DR HENRIETTA MAN HING IP AND OTHERS v. CROCUS PROPERTY INC
Court

Court of First Instance
Case number

HCA4910/1980

The court held that an easement to use the common toilets on the 15th floor was properly implied to give effect to the parties' common intention because the units were sold for use as doctors' consulting rooms and access to toilets was necessary for that use; plaintiffs were therefore entitled to damages measured by the difference between the market price achieved by Crocus's sale to Kerry and the contract price plaintiffs would have paid (after area adjustment), less stamp duty and legal fees; interest and costs awarded to plaintiffs.

Hong Kong Case Law

WESTLANDS ESTATES LTD AND ANOTHER v. SWILYNN (HK) LTD

CHIU SHU-CHOI v. MERRILONG DYEING WORKS LTD

DATA ENTERPRISES LIMITED v. THE MACAO ELECTRIC LIMGHTING COMPANY LIMITED

DR HENRIETTA MAN HING IP AND OTHERS v. CROCUS PROPERTY INC