Hong Kong Case Law: Decisions & Judgments

Topic

Renewal of tenancy

Legal area

Court

31 Jul 2018

BALANI CHANDRU AND ANOTHER v. CHUNG KA KIT AND ANOTHER

Citation

[2018] HKLdT 59
Court

Lands Tribunal
Case number

LDPD1124/2018

The Tribunal found on the evidence (WhatsApp communications) that a binding renewal tenancy was formed on 1 February 2018 at HK$12,300 per month and that Ms Chan had ostensible authority to bind the Applicants; stamping was not determinative of enforceability in these proceedings; therefore there was no reasonable prospect of success and leave to appeal was refused.
18 May 2016

WING HING PROVISION WINE & SPIRITS CO LTD v. EASY KEY LTD

Citation

WING HING PROVISION WINE & SPIRITS CO LTD v. EASY KEY LTD
Court

District Court
Case number

DCCJ4722/2014

The court found on balance that a two-year renewed tenancy was concluded, the Defendant repudiated it by vacating and failing to pay rent, the Plaintiff validly accepted the repudiation and was entitled to common law damages; the express forfeiture clause permitted absolute forfeiture of the HK$30,000 deposit and no equitable relief was warranted; damages were assessed at HKD162,846.5 and the Defendant's counterclaim for return of the deposit was dismissed.
8 Sept 2015

SHUN HO ENERGY DEVELOPMENT CO LTD v. GOLDEN CROWN INDUSTRIES LTD

Citation

SHUN HO ENERGY DEVELOPMENT CO LTD v. GOLDEN CROWN INDUSTRIES LTD
Court

Court of Appeal
Case number

CACV161/2014

No concluded agreement to renew the tenancies was proved; the correspondence were proposals not a binding settlement; therefore the costs order nisi that the tenant pay the landlords' costs of the appeal stands and the tenant's application to vary the order is dismissed; indemnity costs were refused and costs of the application awarded on a party and party basis to the landlords.
30 Jun 2015

SHUN HO ENERGY DEVELOPMENT CO LTD v. GOLDEN CROWN INDUSTRIES LTD

Citation

SHUN HO ENERGY DEVELOPMENT CO LTD v. GOLDEN CROWN INDUSTRIES LTD
Court

Court of Appeal
Case number

CACV161/2014

The Court accepted the Tribunal's factual findings that there was no binding renewal contract because the NET terms were not accepted (tenant's negotiation constituted counter-offers) and any oral acknowledgment did not amount to acceptance; the debit notes and receipts did not amount to a clear unequivocal representation giving rise to estoppel; the leasing agent lacked authority to conclude the tenancies; accordingly the appeal failed and was dismissed.
10 Dec 2014

BRIGHT SUCCESS PROPERTIES LTD v. DIAS，SANDRA MARY ELIZABETH

Citation

BRIGHT SUCCESS PROPERTIES LTD v. DIAS，SANDRA MARY ELIZABETH
Court

Court of First Instance
Case number

HCMP1944/2014

Leave to appeal was refused because the defendant's proposed defence had no real prospect of success: the alleged oral renewal agreement was barred by the parol evidence rule and lacked supporting evidence (no estate agent testimony; text messages equivocal; photographs irrelevant), and there was no proper basis to adjourn pending legal aid or for illness; costs were awarded to the plaintiff.
11 Jul 2014

HOME EXPO (Hong Kong) LTD v. INTERNATIONAL TRADEMART COMPANY LTD

Citation

HOME EXPO (Hong Kong) LTD v. INTERNATIONAL TRADEMART COMPANY LTD
Court

Court of First Instance
Case number

HCA1183/2014

The plaintiff's statement of claim failed to disclose any reasonable cause of action for renewal or other relief enforceable after the tenancy's expiry; the alleged oral representation, even if made, only prevented derogation from the grant during the five‑year term and did not promise renewal; accordingly the defendant was entitled to the injunction and order for delivery up of possession, and to immediate re‑entry in default of compliance.
14 May 2014

UNITED MERIT DEVELPMENT LTD v. GOLDEN CROWN INDUSTRIES LTD

Citation

UNITED MERIT DEVELPMENT LTD v. GOLDEN CROWN INDUSTRIES LTD
Court

Lands Tribunal
Case number

LDPE1060/2013

The Tribunal found as fact that the Notices of Expiry of Tenancy were invitations to treat requiring execution of formal tenancy agreements and that phone negotiations and Debit Notes did not create binding new tenancies; Debit Notes were routine computer-generated reminders and payments could be treated as mesne profits; the respondent failed to discharge the burden of proving a binding agreement; consequently leave to appeal was refused as the grounds attacked findings of fact rather than points of law and lacked reasonable prospect, but a two-month stay of execution was granted to mitigate…
14 May 2014

UNITED MERIT DEVELPMENT LTD v. GOLDEN CROWN INDUSTRIES LTD

Citation

UNITED MERIT DEVELPMENT LTD v. GOLDEN CROWN INDUSTRIES LTD
Court

Lands Tribunal
Case number

LDPE1062/2013

The Notices of Expiry of Tenancy were invitations to treat requiring execution of formal tenancy agreements under Clause 1(6); subsequent negotiations and debit notes did not create binding new tenancies as a matter of objective construction and credibility findings; the respondent failed to show a reasonable prospect of success on appeal so leave was refused, but a limited two-month stay of execution was granted for practical prejudice reasons.
14 Mar 2014

UNITED MERIT DEVELPMENT LTD v. GOLDEN CROWN INDUSTRIES LTD

Citation

UNITED MERIT DEVELPMENT LTD v. GOLDEN CROWN INDUSTRIES LTD
Court

Lands Tribunal
Case number

LDPE1062/2013

On the evidence the Notices of Expiry of Tenancy were invitations to treat or preliminary proposals requiring landlord confirmation and execution of formal tenancy documents; the leasing manager lacked authority to unilaterally bind the landlords and any utterance over the phone did not constitute acceptance. The respondent's payments and the issue of routine debit notes did not prove the creation of new tenancies or establish estoppel. Consequently no renewal arose; order for vacant possession granted, mesne profits awarded at specified monthly rates, and the possession order stayed for two…
14 Mar 2014

SHUN HO ENERGY DEVELOPMENT COMPANY LTD v. GOLDEN CROWN INDUSTRIES LTD

Citation

SHUN HO ENERGY DEVELOPMENT COMPANY LTD v. GOLDEN CROWN INDUSTRIES LTD
Court

Lands Tribunal
Case number

LDPE1060/2013

Notices of Expiry of Tenancy were invitations to treat and any purported offers lapsed or were superseded by negotiations; the leasing manager had no authority to create binding renewals by telephone; debit notes and payments were routine administrative acts and at most created obligations to pay mesne profits; estoppel not established; therefore no renewed tenancies existed and applicants entitled to vacant possession, mesne profits at the amounts paid, a two-month stay and costs of $30,000.