Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of grant conditions

Legal area

Court

26 Nov 2010

CHAN KWOK HING AND ANOTHER v. THE INCORPORATED OWNERS OF CHE WAH INDUSTRIAL BUILDING

Citation

CHAN KWOK HING AND ANOTHER v. THE INCORPORATED OWNERS OF CHE WAH INDUSTRIAL BUILDING
Court

Court of Appeal
Case number

CACV49/2010

The New Grant special conditions govern the provision and functional use of parking and loading/unloading spaces but do not determine their ownership; the plan shows lorry spaces that abut the goods handling area satisfying Special Conditions 13 and 14, so the plaintiffs are entitled to exclusive possession as assigned and the defendant's counterclaim fails.
29 Jul 1999

KAM LAN KOON AND OTHERS v. SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF LANDS

Citation

KAM LAN KOON AND OTHERS v. SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF LANDS
Court

Court of Appeal
Case number

CACV197/1998

The Director of Lands' decision refusing extension was judicially reviewable, but on the facts the grant was for a specific stipulated private purpose (an ancestral Chi Tong) which was not fulfilled by the building's use as a Taoist public temple; appellants lacked proper standing (first applicant unconstituted, second a stranger, third not sole grantee) and assignments breached the permanent non-assignment covenant, justifying refusal of extension; accordingly the appeal was dismissed and costs awarded to the respondent with specified interlocutory exceptions.