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Landlord’s liability for his tenant’s nuisance
In Coventry v Lawrence (No 2) ([2014] UKSC 46) one question was whether a landlord was liable for its tenant’s nuisance (see Coventry v Lawrence). Lord Neuberger (with whom Lord Clarke and Lord...
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Adverse possession and Tong land
In Tsang Kwong Kuen v Hau Wai Keung Gaius ([2014] HKEC 1612, CA) P claimed to have acquired title of Tong land as a result of adverse possession. The claim failed for several reasons at first instance....
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Seller entitled to rescind and recover deposit where deposit cheque is...
In Howarth Cheung Natalie Jane YS v Tsang Hong Kwang Ok ([2014] HKEC 1683, CA) S entered into a preliminary agreement for the sale of property to P. The agreement provided for P to pay a deposit of...
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‘Hong Kong style’ completion and sub-sales
In Wellfit Investments Ltd v Commence Ltd ([1997] HKLRD 857, PC) the Privy Council had to consider the impact of an agreement to effect a Hong Kong style completion and the fact that both parties were...
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Completion: the duties to deliver executed assignment and to pay the...
In Chong Kai Tai Ringo v Lee Gee Kee ([1997] HKLRD 461, PC) D entered into a provisional sale and purchase agreement to sell a flat in Hong Kong to P. P was at the end of a chain of sub-sales and, as a...
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Looking after the family as detrimental reliance?
In HKCB Finance Ltd v Yuen Yi Wan ([2006] HKEC 1425, CA) title to a family home was in the husband’s name. The husband owned the home and had paid off the mortgage before his marriage (so subsequent...
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No tenancy where there is no intention to create legal relations or where the...
In Heslop v Burns ([1974] 1 WLR 1241, CA) T allowed a family (Mr and Mrs Burns) to live rent-free in a house he owned for many years. He covered all of the outgoings. This action was inspired by...
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The covenant for quiet enjoyment where the landlord also exercises powers in...
In Shebelle Enterprises Ltd v The Hampstead Garden Trust Ltd ([2013] EWHC 948) the Hampstead Garden Trust Ltd (‘the Trust’) exercised the rights and powers of management under a scheme of management...
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Common intention constructive trust – abandonment after Jones v Kernott
In Quintance v Tandan ([2012] EWHC 4416 (Ch)) a co-habiting couple bought a property in joint names. They agreed to hold it on trust for themselves as beneficial tenants in common in equal shares. Q...
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Co-ownership: adverse possession and duty to account
In Tang Tak Sum v Tang Kai Fong ([2014] HKEC 1977, CA) P and D were tenants in common of land. D operated the land as a car park and kept all of the income from this use. P now sought an account of the...
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Common intention constructive trusts where the agreement is formed for an...
In O’Kelly v Davies ([2014] EWCA Civ. 1606, CA (Eng)) the parties cohabited for many years. Title to the first family home had been in joint names at first. Title was then transferred into O’s sole...
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Trusts and the Limitation Ordinance
In Liu Wai Keung v Liu Wai Man ([2014] HKEC 2065, CA) title to a flat was in the name of a sister who held it on common intention constructive trust for her brother. The brother and his family were...
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Equitable subrogation
In Kingsway Finance Ltd v Wang Qingyi ([2014] HKEC 1969, CA) W owned property and had entered into the following transactions: 19/8/2010 – Granted all moneys charge to Oi Wah 30/5/2011 – Granted second...
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2014 in review
The WordPress.com stats helper monkeys prepared a 2014 annual report for this blog. Here’s an excerpt: The Louvre Museum has 8.5 million visitors per year. This blog was viewed about 250,000 times in...
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Construction of DMC: were parking spaces common parts?
In Tai Fat Development (Holding) Co Ltd v Gold King Industrial Building (IO) ([2014] HKEC 2130, CA) the question was whether 13 car parking spaces in a building in multiple ownership were common areas...
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Closure of basement parking area during renovation works
In Tung Lo Court (IO) v Leung May Chun Alison Aliance ([2014] HKEC 2104, CA) the basement of the building (which included the car parking spaces) had become dilapidated and the incorporated owners...
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Purchasers from squatters take subject to equitable interests of which they...
Re Nisbet and Potts’ Contract ([1906] 1 Ch. 386, CA (Eng)) concerned N’s contract to sell land to P. N’s title was possessory. The formal title had been defeated and there had been several conveyances...
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Liability of Incorporated owners selling items left by residents in common areas
In Desir Anthony C v Knight Frank (Services) Ltd ([2015] HKEC 44) a resident in a building (‘D’) left bicycles in a common area of the building. The building’s DMC allowed the Owners’ Corporation to...
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Does a charging order sever a joint tenancy?
In Ho Hai Kwan v Chan Hon Kuen ([2015] HKEC 132, CFI) the question was whether there had been an equitable severance of a joint tenancy by virtue of a charging order in respect of the property against...
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Deposit: where sums are described as a deposit but the ‘escape’ clauses in...
In Best Linkage Ltd v Marbella Garden Ltd ([2015] HKEC 167, CFI) the parties had entered into a provisional agreement for the sale and purchase of the plaintiff’s property. The agreement required the...
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