Read the full judgment text of FAMV 36/2023 on BabelCite. This Court of Final Appeal judgment was delivered on 15 March 2024 before Ribeiro PJ, Fok PJ, Lam PJ.
Civil procedure – leave to appeal – lease interpretation – bare shell condition – reinstatement of floor slabs – issue of great general or public importance – application refused with costs – The tenant (AFH Hong Kong Stores) was obliged under a lease to return premises in 'bare shell' condition on each floor after demolishing floor slabs with consent – Court of Appeal held that required reinstatement of slabs – Applicants sought leave to appeal on Question (3) about the meaning of 'bare shell' (adjective vs noun) – Court of Final Appeal refused leave as the construction was plainly correct and the issue did not raise any point of general importance – Application dismissed with costs
Legal issues: Whether leave to appeal should be granted on Question (3) regarding interpretation of 'bare shell condition' in lease
Outcome: Application for leave to appeal refused; application dismissed with costs.