Covid restrictions, leases and failure of basis
London Trocadero (2015) LLP v Picturehouse Cinemas Ltd ([2021] EWHC 2591 (Ch)) concerned a claim that a tenant of premises let as a cinema was relieved from the obligation to pay rent in respect of...
View ArticleEstate encroaching into neighbouring estate
Wah Fung (IO) v Morengo Court (IO) ([2021] HKCFI 3400) was an adverse possession claim by the incorporated owners of one estate (Wah Fung) against the incorporated owners of a neighbouring estate...
View ArticleSeminar: Private takings of land for urban redevelopment – 16 February 2022
Registration link for an upcoming Property Law seminar: click here.
View ArticleRegistrability and priority of an assignment of the proceeds of a future sale...
In Winland Finance Limited v Gain Hero Finance Limited ([2021] HKCA 576) the Court of Appeal looked at the registrability of a loan agreement where the borrower assigned the right to the net proceeds...
View ArticleInappropriate to register successful adverse possession claimant as owner of...
In Lam Sai Man v Minloy Limited ([2022] HKCA 37) Mr Lam successfully established that he had been in adverse possession of farmland on Lantau since the late 1950s and that the formal owner’s title was...
View ArticleBreak clauses and sub-leases: PW & Co v Milton Gate Investments Limited
In PW & Co v Milton Gate Investments Limited ([2004] Ch. 142) Milton Gate Investments Limited (‘MG’) was the landlord and PW & Co (‘PW’) was the tenant of office premises. The lease (‘the...
View ArticleOnline Property Law seminar – 16 March 2022 – details and registration
Steven Gallagher and I will give an Property Law seminar on 16th March at 5pm (Hong Kong time). Details and registration link HERE. Michael Lower
View ArticleAdverse Possession: Wu Yim Chung v Lo Wai Ching
Background In Wu Yim Chung v Lo Wai Ching ([2022] HKCA 100) Wu Yim Chung (‘the plaintiff’) argued that he had defeated the defendants’ title to land in Sai Kung through the doctrine of adverse...
View ArticleAdverse Possession: Woo Sai Mui v Lam Island Development Company Limited
Background In Woo Sai Mui v Lam Island Development Company Limited ([2022] HKCFI 39) Woo Sai Mui (‘the plaintiff’) sought a declaration that the defendant’s title to land in Peng Chau had been...
View ArticlePart performance and the balance of probabilities: Ng Yuk Pui Kelly v Ng Lai...
Introduction In Ng Yuk Pui Kelly v Ng Lai Ling Winnie ([2021] HKCFA 40) the Court of Final Appeal explained the approach to the doctrine of part performance in Hong Kong. It settles any lingering...
View ArticleUndue influence: presumption of undue influence where lender’s lawyer fails...
Introduction In Nature Resorts Ltd v First Citizens Bank Ltd ([2022] UKPC 10) Nature Resorts Ltd (‘NRL’) owned the Culloden Estate (‘the Estate’) in Tobago. It was accepted that Mr. Dankou was the...
View ArticlePriority as between (1) the assignment of the net proceeds of any future sale...
In Winland Finance Limited v Gain Hero Finance Limited ([2022] HKCFA 3) the Court of Final Appeal had to consider the order of priority as between (1) the assignee of the net proceeds of any future...
View ArticleInterpretation of the management charge provisions of a DMC
Sam Woo Marine Works Ltd v Po Hang Building (IO) ([2022] HKCA 733) concerned a dispute as to the interpretation of the management charge provisions of a Deed of Mutual Covenant (DMC). There were three...
View ArticleMeaning of ‘saleable area’: Top Faith Property Ltd v Wong Ben
In Top Faith Property Ltd v Wong Ben ([2022] HKCA 783) Top Faith Property Ltd (‘the buyer’) entered into a Provisional Sale and Purchase Agreement to buy the entire issued share capital of Hero Wealth...
View ArticlePriority contest between a charging order and an assignment
Asparouh Ianov Dimitrov v Dominic Tak Ming Lau ([2022] HKCA 1146 ) was a dispute between a creditor with a charging order over the debtor’s property (‘the Property’) and the debtor’s ex-wife to whom...
View ArticleMeaning of covenant to reinstate to ‘bare shell’ condition
AFH Hong Kong Stores Ltd v Fulton Corporation Ltd ([2022] HKCA 1243) concerned the interpretation of a tenant’s covenant to reinstate the demised premises to a ‘bare shell’ state on the determination...
View ArticleLicence with no provision for termination – implied term
The Hong Kong Polytechnic University v Rehabaid Society ([2022] HKCFI 2830) concerned a licence granted by the Hong Kong Polytechnic University (‘the licensor’) to Rehabaid Society (‘the licensee’) in...
View ArticleGuest v Guest: Aims of proprietary estoppel and principles governing relief (1)
Introduction The judgment of the UK Supreme Court in Guest v Guest ([2022] UKSC 27) provides an authoritative review of the fundamental aims of proprietary estoppel and the principles governing...
View ArticleGuest v Guest: Aims of proprietary estoppel and principles governing relief (2)
Introduction An earlier blog post outlined the facts and the judgment of the majority of the UK Supreme Court in Guest v Guest ([2022] UKSC 27). One of the distinctive features of proprietary...
View ArticleGuest v Guest: Aims of proprietary estoppel and principles governing relief:...
Introduction An earlier blog post outlined the facts and the judgment of the majority of the UK Supreme Court in Guest v Guest ([2022] UKSC 27). A second blog post described the majority judgment in...
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