Hong Kong Case Law: Decisions & Judgments

Topic

Licence v tenancy

Legal area

Court

8 Jun 2016

LONG WHOLE INVESTMENTS LTD v. HO CHING YEE AND OTHERS

Citation

LONG WHOLE INVESTMENTS LTD v. HO CHING YEE AND OTHERS
Court

District Court
Case number

DCMP3446/2015

The Licence Agreement was a licence not a tenancy because no exclusive possession was granted and the agreement expressly reserved rights of entry and disclaimed tenancy; payments of water and electricity to the management company did not effect renewal because those charges were separate disbursements to a third party and no written renewal request or new licence agreement was made; the separate Action did not prevent summary determination because it is based on a different cause of action and the licence had in any event expired on 15 October 2015, so no triable issue existed.
15 Mar 2004

KINGDOM POWER DEVELOPMENT LTD v. DYNAMIC WISE TRADING LTD AND ANOTHER

Citation

KINGDOM POWER DEVELOPMENT LTD v. DYNAMIC WISE TRADING LTD AND ANOTHER
Court

District Court
Case number

DCCJ5019/2003

The judge held that on the evidence and authorities there exists a clear triable issue as to whether the staircase area formed part of the demise under the tenancy agreements (i.e. whether the letters annexed were part of the tenancy). Because the defendants demonstrated a serious arguable case on document construction and contemporaneous transaction principles, summary judgment could not be entered and unconditional leave to defend was granted.
1 Nov 2000

INTERNATIONAL MEGA CAR SHOW LTD. v. INTERNATIONAL TRADEMART CO. LTD.

Citation

INTERNATIONAL MEGA CAR SHOW LTD. v. INTERNATIONAL TRADEMART CO. LTD.
Court

Court of First Instance
Case number

HCA5934/2000

The Deed of Settlement was valid and binding; there was no credible revised compromise agreement of 1 April 2000; the Licence Agreement was validly made and, on proper construction, did not incorporate the 2nd Lease non-competition clause, right of first refusal, or the B3 option to renew; the Licence was not a tenancy in substance; the Licence was not obtained by economic duress because the Defendant acted within contractual rights; the Plaintiff had no arguable defence to the Defendant's counterclaim and summary judgment for the Defendant and striking out of the Statement of Claim were warr…
1 Nov 1985

RONALD LI-KAI CHU AND ANOTHER v. DEACON TE-KEN CHIU AND OTHERS

Citation

RONALD LI-KAI CHU AND ANOTHER v. DEACON TE-KEN CHIU AND OTHERS
Court

Court of First Instance
Case number

HCA11196/1982

The court found the 16 July 1975 agreement to be a licence, held on the evidence that Asia had been the tenant of Yuen Long Theatre (and had exclusive possession and had installed equipment), concluded that Deacon Chiu and his wife breached fiduciary duties by favouring Far East and enabling unlawful occupation, treated Far East as constructive trustee required to account for profits, awarded an account of profits of HKD 12,521,633 plus HKD 30,000 licence arrears and compound interest at 1% above the minimum bank lending rate with yearly rests subject to specified deductions, and allowed plai…
28 Nov 1947

NG WAN, PROPRIETOR OF SANG KEE v. SO YIM

Citation

NG WAN, PROPRIETOR OF SANG KEE v. SO YIM
Court

District Court
Case number

DCMP24/1947

The appeal is dismissed on the substantive issues because the Tribunal's factual findings that the parties became co‑tenants are supported by the record and will not be disturbed on appeal; however the Tribunal had no jurisdiction to make the rent allocation order for the portion occupied by the respondent, and that specific order is declared of no effect; costs awarded accordingly.

Hong Kong Case Law

LONG WHOLE INVESTMENTS LTD v. HO CHING YEE AND OTHERS

KINGDOM POWER DEVELOPMENT LTD v. DYNAMIC WISE TRADING LTD AND ANOTHER

INTERNATIONAL MEGA CAR SHOW LTD. v. INTERNATIONAL TRADEMART CO. LTD.

RONALD LI-KAI CHU AND ANOTHER v. DEACON TE-KEN CHIU AND OTHERS

NG WAN, PROPRIETOR OF SANG KEE v. SO YIM