Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Lien and right of retention

Legal area

Court

13 Dec 2023

ATL LOGISTICS CENTRE HONG KONG LTD v. WELLFIT CHUN YIP LOGISTICS LTD

Citation

[2023] HKDC 1682
Court

District Court
Case number

DCCJ3840/2023

On the pleaded facts the Tariff and Terms and Conditions formed the licence, service was valid, defendant defaulted, and Conditions 10 and 11 operated so that after the 7-day demand period title to the vehicles passed to the plaintiff; accordingly the plaintiff was entitled to monetary judgment for arrears and ongoing charges, a declaration limited to the plaintiff's right to sell under Condition 11 and to apply proceeds, pre-judgment interest at Prime+1%, and costs to be summarily assessed.
11 Aug 2022

SINO PARKING SERVICES LTD v. LAW WEI

Citation

[2022] HKDC 857
Court

District Court
Case number

DCCJ4702/2021

The uncontroverted pleadings established that the parking conditions were properly posted and incorporated, that the defendant incurred arrears of $81,686 and failed to respond to a 7‑day sale notice, and that clause 7 thereby transferred property in the vehicles to the plaintiff permitting sale and application of proceeds; accordingly the plaintiff was entitled to judgment for the arrears with interest, ongoing daily charges, declarations of title transfer and authority to impound/tow/sell, and costs assessed at $50,000.