Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Lease renewal option

Legal area

Court

25 Jul 2008

INTERNATIONAL TRADEMART CO LTD v. CLUB REGENCY LTD

Citation

INTERNATIONAL TRADEMART CO LTD v. CLUB REGENCY LTD
Court

Court of First Instance
Case number

HCA1243/2008

On 30 June 2008 Club Regency was in arrears of at least HK$753,210.93; Club Regency could not establish an arguable case of contractual variation by practice, equitable forbearance, or estoppel by convention to rebut strict compliance required by the renewal option; therefore the option to renew failed and ITC was entitled to an interlocutory injunction restraining occupation and acceptance of future bookings.
24 Feb 1972

DONALD W. SHIELDS v. MARY CHAN (otherwise known as GING TAK CHOW otherwise known as MARY CHAN PO MAN)

Citation

DONALD W. SHIELDS v. MARY CHAN (otherwise known as GING TAK CHOW otherwise known as MARY CHAN PO MAN)
Court

Court of Appeal
Case number

CACV30/1971

The Appellant's occasional use of a small room for correspondence did not change the residential character or breach the Crown Grant or lease covenants; accordingly the refusal to grant renewal and order for possession and mesne profits was set aside. On the water charge, the trial finding that a nominal charge was agreed and that a bona fide dispute excused non-payment was upheld, so the cross-appeal failed.