Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Proprietary rights in land

Legal area

Court

7 Apr 2022

THE INCORPORATED OWNERS OF KINDGOM POWER COMMERCIAL BUILDING v. SHEEN WEALTH INDUSTRIAL LTD AND ANOTHER

Citation

[2022] HKDC 283
Court

District Court
Case number

DCCJ4890/2018

The summons to vary the Costs Order Nisi is dismissed because the defendants did not obtain a better result at trial than their Sanctioned Offer with respect to the fire‑fighting system, the 2nd Licence Agreement was held void ab initio eliminating any entitlement to licence fees, and there were insufficient reasons to disturb the Costs Order Nisi which had already accounted for the parties' overall positions including plumbing issues.
3 May 2018

CHAN MAN YIU AND OTHERS v. AN MAN YIU the executor of the estate of Tang Yuk Chun, deceased AND OTHERS

Citation

[2018] HKCFI 922
Court

Court of First Instance
Case number

HCMP3470/2015

The descriptions in the 2006 Will were ambiguous in light of surrounding circumstances (assignments and Deeds of Mutual Covenant showing the car parking space and cocklofts were incident to the respective titles). Extrinsic evidence (the solicitor's evidence and comparison with the 1998 Will) established the Deceased's true intention that the car parking space be devised with the Apartment to the Applicants and that the two cocklofts be devised with Shop 1 and Shop 2 to the 1st Applicant; accordingly a declaration to that effect was granted and rectification was unnecessary.