Hong Kong Case Law: Decisions & Judgments

Topic

Registration of interests in land

Legal area

Court

1 Nov 2000

CHAIN YORK INTERNATIONAL (HOLDINGS) LIMITED v. LEUNG TAK WAI

Citation

CHAIN YORK INTERNATIONAL (HOLDINGS) LIMITED v. LEUNG TAK WAI
Court

Court of First Instance
Case number

HCA7319/1993

There was no evidence of express or implied authority by the board for Mr Kan to execute the provisional sale and purchase agreement on behalf of the company; the signature alone, without indication of authority or board resolution or ratification, did not bind the company; accordingly the company's claim was dismissed and the defendant's counterclaim was also dismissed.
17 May 2000

HUA CHIAO COMMERCIAL BANK LTD. v. EMPIRE ONE TRADING LTD. AND OTHERS

Citation

HUA CHIAO COMMERCIAL BANK LTD. v. EMPIRE ONE TRADING LTD. AND OTHERS
Court

Court of Appeal
Case number

CACV109/2000

Where defendants have an arguable case that an earlier reduction of rent was agreed and is binding on the Plaintiff (even if the Plaintiff was unaware), interim payments under Ord.29 r.12(b) should be based on the reduced rent claimed by the defendants; the Court allowed the appeal, set aside the master's order and substituted interim payment amounts of $80,000/month from 29 Jan 1999 to 31 Jan 2000 and $100,000/month from 1 Feb 2000, giving credit for any payments already made.
18 Jan 1996

WELLMAKE INVESTMENTS LTD v. CHAN YIU TONG

Citation

WELLMAKE INVESTMENTS LTD v. CHAN YIU TONG
Court

Court of Appeal
Case number

CACV247/1995

Absent an express stipulation by the purchaser to give effect to the tenant's option, and where the option required protection by registration, a purchaser who relied on the statutory registration regime did not thereby use the statute as an instrument of fraud; the unregistered option was void against the purchaser and the appeal must be dismissed.
16 Aug 1978

ANSTALT NYBRO v. HONG KONG RESORT CO LTD

Citation

ANSTALT NYBRO v. HONG KONG RESORT CO LTD
Court

Court of Appeal
Case number

CACV46/1978

Appeal dismissed. The Option Agreement was rendered void for uncertainty by the parties' failure to provide for or supply Articles of Association and related corporate machinery; even if parts were enforceable, specific performance would not be granted in the special circumstances because damages were an adequate remedy and specific enforcement would be impracticable and oppressive; therefore the agreement did not effectively 'affect' the land for registration and the registry entries were rightly vacated.

Hong Kong Case Law

CHAIN YORK INTERNATIONAL (HOLDINGS) LIMITED v. LEUNG TAK WAI

HUA CHIAO COMMERCIAL BANK LTD. v. EMPIRE ONE TRADING LTD. AND OTHERS

WELLMAKE INVESTMENTS LTD v. CHAN YIU TONG

ANSTALT NYBRO v. HONG KONG RESORT CO LTD