Hong Kong Case Law: Decisions & Judgments

Topic

Licence coupled with interest

Legal area

Court

31 Mar 2023

THE INCORPORATED OWNERS OF SUN HING BUILDING v. JOIN PROFIT (HONG KONG) LTD AND ANOTHER

Citation

[2023] HKCA 500
Court

Court of Appeal
Case number

CAMP69/2023

Leave to appeal was granted because the appellant's primary contention that no implied term permitting unilateral termination by reasonable notice is necessary is arguable and meets the threshold for leave on a point of law; a stay of execution was ordered pending appeal on undertakings to prosecute the appeal expeditiously because without a stay the appeal would likely be rendered nugatory due to irreversible and costly reinstatement works.
19 Mar 2021

KWAN CHUN INVESTMENTS LTD v. SIK TAK KWONG AND OTHERS

Citation

[2021] HKCFI 714
Court

Court of First Instance
Case number

HCA3102/2016

The Deed of Licence, read as a whole and against the commercial context, created only a contractual licence to use specified niches and did not confer exclusive possession or any proprietary interest; plaintiff failed to plead or prove tenancy or equitable proprietary rights, and D2 did not undertake new obligations or have requisite notice making it unconscionable to deny P's rights; injunctive or specific performance relief was refused as impermissible or self-defeating given the risk of breach of the Government Lease (GC 15) and the statutory licensing regime (PCO); D1 was liable for breac…
8 Mar 2019

GRAND POWER INTERNATIONAL LTD v. CHAN SING HOI ENTERPRISES LTD AND OTHERS

Citation

[2019] HKLdT 15
Court

Lands Tribunal
Case number

LDBM329/2014

Leave to appeal was granted because the Tribunal was satisfied the appeal has a reasonable prospect of success, particularly concerning whether the applicant is bound by waiver and acquiescence established against its predecessor and the bona fide purchaser defence; costs of the leave application were made costs in the cause of the appeal on the High Court scale with a specific exception for redundant hearing bundles prepared by the applicant.
28 Jan 2008

RISEWAY PROPERTIES LTD v. STAR RIVER IMITATION ORNAMENTS LTD

Citation

RISEWAY PROPERTIES LTD v. STAR RIVER IMITATION ORNAMENTS LTD
Court

District Court
Case number

DCCJ6789/2004

The licence granted to Riseway was a sole and exclusive licence over the external wall granted in conjunction with the sale and thus was a licence coupled with an interest and irrevocable; the remaining signboard was within the licensed area and must be removed; Riseway could sue to vindicate its exclusive licence rights (including by trespass remedy); Riseway failed to prove quantifiable loss for the removed signboards so no damages awarded; Star River's counterclaim to revoke the licence fails; costs awarded to Riseway.

Hong Kong Case Law

THE INCORPORATED OWNERS OF SUN HING BUILDING v. JOIN PROFIT (HONG KONG) LTD AND ANOTHER

KWAN CHUN INVESTMENTS LTD v. SIK TAK KWONG AND OTHERS

GRAND POWER INTERNATIONAL LTD v. CHAN SING HOI ENTERPRISES LTD AND OTHERS

RISEWAY PROPERTIES LTD v. STAR RIVER IMITATION ORNAMENTS LTD