3 Jul 2024
THE INCORPORATED OWNERS OF SUN HING BUILDING v. JOIN PROFIT (HONG KONG) LTD AND ANOTHER
- Citation
- [2024] HKCA 589
- Court
- Court of Appeal
- Case number
- CAMP189/2023
The Court of Appeal allowed the appeal: the 2002 Agreement did not imply a unilateral right for the Incorporated Owners to terminate at will by reasonable notice. On proper construction an implied right to terminate exists only where a party has a legitimate need to restore the original configuration; the IO's blanket six-month termination notice was ineffective to terminate the Agreement and the Lands Tribunal order for reinstatement is set aside and the IO's application dismissed (save that the Tribunal's dismissal of Join Profit's counterclaim is retained).