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…