Hong Kong Case Law: Decisions & Judgments

Topic

Landlord and tenant

Legal area

Court

13 Jul 2023

ROCO INVESTMENT LTD AND ANOTHER v. RICH GAINER INTERNAITONAL LTD

Citation

[2023] HKDC 913
Court

District Court
Case number

DCCJ2097/2021

Master found plaintiffs acted reasonably to mitigate by first marketing the Suite internally in its existing poor condition, then commissioning reinstatement after no viable interest, selecting the lowest reasonable contractor, and immediately marketing externally upon completion; therefore plaintiffs were awarded reinstatement costs (HK$53,495), loss of rent (HK$64,029.40) and loss of management and air‑conditioning charges (HK$12,527.49) totaling HK$130,051.89, with interest and costs as ordered.
11 Sept 2020

BAIYU PROPERTY (OVERSEAS) HOLDING LTD v. MILLION UNIVERSE LTD

Citation

[2020] HKLdT 31
Court

Lands Tribunal
Case number

LDPE1531/2019

The written Tenancy Agreement, containing clear entire agreement and written‑waiver clauses, precluded reliance on alleged prior oral promises; alternatively, the alleged oral promises were not proved on the facts and lacked the necessary certainty to found promissory estoppel, and the alleged promisor (Chung) lacked actual or apparent authority to bind the landlord. Accordingly the landlord was entitled to possession, arrears, management fees and costs subject to a limited conditional relief to reinstate the lease if prescribed sums were paid by the deadline.
21 Jan 2003

FUR HUNTER LTD. v. MEDITERANEO LTD.

Citation

FUR HUNTER LTD. v. MEDITERANEO LTD.
Court

Lands Tribunal
Case number

LDPE1018/2002

The Tribunal found that Pop In Ltd. was the landlord under the three‑party agreement and there was no direct landlord‑tenant relationship between the Applicant and the Respondent; consequently the Lands Tribunal lacked jurisdiction under Section 8 of the Lands Tribunal Ordinance and the Applicant's application was dismissed.
27 Jun 2001

Ying Tak Fong v. Owusu-Brinfour, James Yaw

Citation

Ying Tak Fong v. Owusu-Brinfour, James Yaw
Court

District Court
Case number

DCCJ14643/2000

The defendant failed to prove any representation that the lease contained a 12‑month break clause and was negligent in signing a Chinese lease; non est factum fails. The landlord did not accept the purported surrender (the letter of 18 September did not amount to acceptance). The landlord validly elected to stand on the lease and claim full rent; accordingly judgment for the plaintiff for the rent due less the retained deposit was entered.
4 Jul 1996

RE KUNG YEUK MAN

Citation

RE KUNG YEUK MAN
Court

Court of Appeal
Case number

CACV62/1996

Appeals dismissed: the court held that the phrase 'proceeding in a cause or matter' includes the intervening appeal so the plaintiffs complied with O3 r6 or, alternatively, the absence of notice caused no prejudice and relief under O2 r1 was properly granted; adverse possession could not be established by a Crown licensee and proprietary estoppel elements were not satisfied; the tenancies were agricultural not domestic so Part II protection under Cap.7 did not apply; proposed defences had no real prospect and summary disposal was appropriate.

Hong Kong Case Law

ROCO INVESTMENT LTD AND ANOTHER v. RICH GAINER INTERNAITONAL LTD

BAIYU PROPERTY (OVERSEAS) HOLDING LTD v. MILLION UNIVERSE LTD

FUR HUNTER LTD. v. MEDITERANEO LTD.

Ying Tak Fong v. Owusu-Brinfour, James Yaw

RE KUNG YEUK MAN