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Making time of the essence for completion
In Many Gain Investment Ltd v Chan Fai Ho ([[2015] HKEC 1553, CFI) P, a property developer agreed to buy a property from D. P raised a requisition about D’s title and there was a dispute as to whether...
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Property owner in breach of a covenant not to ‘permit or suffer’ a nuisance...
In MTR Corp Ltd v Cheung Ching Kin ([2015] HKEC 1535, LT) MTR Corp (the applicant) was appointed Manager of an estate in Tseung Kwan O. The respondent was the owner of a flat on the estate occupied by...
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Manager’s DMC duty to bring legal proceedings where necessary: enough to act...
In Long Source Industrial Ltd v Guardian Property Management Ltd ([2015] HKEC 1964, LT) Guardian Property Management (‘GPM’) had been appointed manager of a development at Tai Po Kau. There is no...
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No equitable lien where no part of the purchase price has been paid
In Wong Kam Fung v Smart Profit Enterprises Ltd ([2014] 5 HKLRD 853, CA) S entered into a provisional sale and purchase agreement for the sale of property to P. P sent S a cheque for the deposit but...
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Promised sea view? Misrepresentation claim.
In Yang Dandan v Hong Kong Resort Co Ltd ([2015] HKEC 2050, CFI) Y bought a duplex on the top floors of a block of flats. The apartment has the benefit of a sea view. Y claimed that she was induced to...
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Can a developer retain exclusive use of the external walls of a building and...
In Green & Grace Ltd v Wang Lung Industrial Building ([2015] HKEC 1935, LT) the incorporated owners resolved to repair the external walls of the building. A later general meeting specified the...
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Legal joint tenancy: unequal contributions often not enough to establish...
In Chow Chung Kwan ([2015] HKEC 2112, CFI) H and W bought property as joint tenants and jointly charged it to a bank as security for the loan to fund the purchase. H’s bankruptcy severed the joint...
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Resulting or express trust?
In Ng Tak Kau v Cheung Man Kwai ([2015] HKEC 1942, CFI) title to the family home was conveyed into the names of a father and son as joint tenants. When the son ran into financial difficulties, the son...
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Adverse possession: the effect of being added as a party after expiry of the...
In Yu Fung Co Ltd v Olympic City Properties Ltd ([2015] HKEC 1523, CFI) L was party to a ‘Redevelopment Agreement’ with Full Country Development Limited (‘Full Country’). Under the terms of the...
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Making time of the essence for completion
In Many Gain Investment Ltd v Chan Fai Ho ([[2015] HKEC 1553, CFI) P, a property developer agreed to buy a property from D. P raised a requisition about D’s title and there was a dispute as to whether...
View ArticleClik here to view.
Property owner in breach of a covenant not to ‘permit or suffer’ a nuisance...
In MTR Corp Ltd v Cheung Ching Kin ([2015] HKEC 1535, LT) MTR Corp (the applicant) was appointed Manager of an estate in Tseung Kwan O. The respondent was the owner of a flat on the estate occupied by...
View ArticleClik here to view.
Manager’s DMC duty to bring legal proceedings where necessary: enough to act...
In Long Source Industrial Ltd v Guardian Property Management Ltd ([2015] HKEC 1964, LT) Guardian Property Management (‘GPM’) had been appointed manager of a development at Tai Po Kau. There is no...
View ArticleClik here to view.
No equitable lien where no part of the purchase price has been paid
In Wong Kam Fung v Smart Profit Enterprises Ltd ([2014] 5 HKLRD 853, CA) S entered into a provisional sale and purchase agreement for the sale of property to P. P sent S a cheque for the deposit but...
View ArticleClik here to view.
Promised sea view? Misrepresentation claim.
In Yang Dandan v Hong Kong Resort Co Ltd ([2015] HKEC 2050, CFI) Y bought a duplex on the top floors of a block of flats. The apartment has the benefit of a sea view. Y claimed that she was induced to...
View ArticleClik here to view.
Can a developer retain exclusive use of the external walls of a building and...
In Green & Grace Ltd v Wang Lung Industrial Building ([2015] HKEC 1935, LT) the incorporated owners resolved to repair the external walls of the building. A later general meeting specified the...
View ArticleClik here to view.
Legal joint tenancy: unequal contributions often not enough to establish...
In Chow Chung Kwan ([2015] HKEC 2112, CFI) H and W bought property as joint tenants and jointly charged it to a bank as security for the loan to fund the purchase. H’s bankruptcy severed the joint...
View ArticleClik here to view.
Resulting or express trust?
In Ng Tak Kau v Cheung Man Kwai ([2015] HKEC 1942, CFI) title to the family home was conveyed into the names of a father and son as joint tenants. When the son ran into financial difficulties, the son...
View ArticleClik here to view.
Legal tenancy in common: contractual interpretation
In Lam Kwok Hing v Lam Siu Keung ([2015] HKEC 2228, CFI) four brothers were tenants in common in equal shares of land in the New Territories (‘the Land’). They were also co-owners of several adjoining...
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Common intention constructive trust: no imputation of agreement to vary...
In Barnes v Phillips ([2015] EWCA Civ 1056, CA (Eng)) B and P cohabited and had two children. They were beneficial joint tenants of the family home. They re-mortgaged the property in 2005 and B took...
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Promissory estoppel: Hong Kong Hua Qiao in the Court of Appeal
In Hong Kong Hua Qiao Co Ltd v Cham Ka Tai ([2015] HKEC 394, CA) L co-habited with C from 1992 or 993 until L’s death in 1997. They had been in an intimate relationship from 1988 or 1989. L gave C very...
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