10 Aug 2020
建巧投資有限公司 訴 韓國正
- Citation
- [2020] HKCA 675
- Court
- Court of Appeal
- Case number
- CACV231/2010
The appeal was dismissed because (1) the appellant did not raise title/standing at trial and could not introduce new title evidence on appeal; (2) even if the plaintiff lacked certain proprietary rights, the doctrine of title by estoppel prevents a sitting tenant from disputing the lessor's title while enjoying possession; (3) the incorporated lease terms allocated A/C maintenance to the tenant and landlord‑paid repairs did not effect a contractual variation without consideration, so the tenant had no right to withhold rent; and (4) the counterclaim lacked evidential foundation. Accordingly t…