Hong Kong Case Law: Decisions & Judgments

Topic

Possession order

Legal area

Court

30 Apr 2026

EASY FORTUNE PROPERTY LTD 對傅芳瑋及另一人

Citation

[2026] HKCFI 2369
Court

Court of First Instance
Case number

HCA1475/2024

The application for stay of execution was dismissed because the applicant failed to establish relevant and sufficient grounds: her personal hardship, the pending criminal investigation, the alleged evidentiary issues, and a separate related civil claim are not sufficiently connected to this enforcement application to warrant suspension of the possession order; costs were awarded to the plaintiff.
23 Mar 2026

宏迪投資(集團)有限公司對 JULY HK LTD

Citation

[2026] HKLdT 17
Court

Lands Tribunal
Case number

LDPE1715/2025

The conditional assignment was ineffective because the condition precedent (cheques being honoured) failed; the cheque dishonours constituted a fundamental breach so the surrender was rescinded and landlord's remedies revived; related-company arrangements supported treating the scheme as an attempt to evade obligations; the respondent's out-of-time appeal lacked a reasonable prospect of success or other reason for indulgence under the governing rules, so leave and a stay were refused.
23 Feb 2026

黃對林

Citation

[2026] HKCA 245
Court

Court of Appeal
Case number

CACV971/2025

The Court held that the respondent did not have the right to appeal to the Court of Appeal because, under the District Court Rules (Cap.336H) Order No.58 r.1, he was required to apply to a District Court judge for leave; accordingly the notice of appeal filed in the Court of Appeal was incompetent and was struck out, and the respondent was ordered to pay the petitioner's costs subject to the assessment directions given.
19 Jan 2026

BUSINESS FINANCE LTD v. WAI PING SO AND OTHERS

Citation

[2026] HKCFI 336
Court

Court of First Instance
Case number

HCA2269/2016

The court found no fraud or undue influence and that BFL acted in good faith and without constructive notice; however BFL breached s.18 MLO because the memorandum was not signed personally by Yeung; exercising the equitable discretion under s.18(3) the court enforced the loan and legal charge against Yeung and Ping So with modifications — interest recoverable from Yeung limited to 9% p.a. and contractual overdue interest disallowed as against Yeung — ordered possession and dismissed the counterclaim.
24 Nov 2025

宋宜駿對謝寶玉

Citation

[2025] HKLdT 70
Court

Lands Tribunal
Case number

LDPD1253/2025

The judge applied contractual interpretation (Mannai) to hold the landlord's 31 July 2025 notice unambiguous and effective to terminate the tenancy on 31 August 2025; the respondent's allegations of harassment are claims outside the Tribunal's jurisdiction and must be pursued in other courts; the leave to appeal was refused because the proposed grounds lacked a reasonable prospect of success and no other reason in the interests of justice was shown; the recusal request failed for lack of evidence of real or apparent bias.
28 Oct 2025

KONEW CAPITAL INTERNATIONAL LTD v. LUK SIN TING AND ANOTHER

Citation

[2025] HKDC 1325
Court

District Court
Case number

DCMP1226/2025

The court granted money judgment, a possession order and an order for sale because the plaintiff complied with statutory and contractual requirements (MLO s18; valid loan and mortgage), proper service was effected, the 1st defendant was in default, the plaintiff holds the title deeds, the valuation evidence (including supplemental report) was accepted as fair, and physical partition was impracticable making sale under Partition Ordinance s6 appropriate; costs were summarily assessed and awarded to the plaintiff against the 1st defendant.
22 Sept 2025

EASY POLICY FINANCE LTD v. 陈海滨

Citation

[2025] HKCFI 4295
Court

Court of First Instance
Case number

HCA1256/2021

Court found the Loan Agreement and Legal Charge to be genuine and rejected Chen's forgery allegation; although there were breaches of the MLO (s18 and s27) and a drafting error on default interest, the court exercised its discretion under s18(3) and s22(2) to enforce the instruments; it refused rectification of clause 1 to 24% but limited enforceable default interest to simple interest at 24% p.a.; set principal at HKD 10,765,000.00, allowed recovery of Government Rent and Rates HKD 137,708.60, and awarded interest at 24% p.a. from 21 August 2015 and ancillary possession and costs orders.
7 Jul 2025

吳澤源對劉建華

Citation

[2025] HKLdT 35
Court

Lands Tribunal
Case number

LDPD551/2025

The Tribunal found no concluded renewal: the tenant's request for a rent-free week was a counter-offer that terminated the landlord's earlier proposal, subsequent communications were ambiguous or silent and did not amount to acceptance, therefore the fixed-term tenancy expired on 5 February 2025 and the landlord validly notified repossession; the respondent's proposed appeal had no real prospect of success so leave was refused and no stay granted.
6 Jun 2025

THE BANK OF EAST ASIA, LTD v. TARJOTO HERU HIDAJAT AND ANOTHER

Citation

[2025] HKCFI 2645
Court

Court of First Instance
Case number

HCMP1190/2024

The application for a stay was dismissed because the defendants failed to identify any arguable grounds of appeal and did not provide cogent argument to avoid being bound by the subsequently executed 2nd facility letter; the allegation of judicial bias was unsubstantiated; costs of the proceedings were assessed at HK$225,000 to be paid within 28 days.
21 Mar 2025

ERNEST CHONG KIAN 對 CHONG YIN SING及另一人

Citation

[2025] HKDC 513
Court

District Court
Case number

DCMP3237/2024

The first defendant failed to demonstrate any arguable grounds for an appeal and therefore did not meet the minimum threshold required to justify a stay of execution; accordingly the applications for stay were dismissed and the defendant ordered to pay the plaintiff's costs.