Pak Fah Yeow Investment (Hong Kong) Co Ltd v. Proper Invest Group Ltd

cacv 311/2008

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 311 of 2008

(on appeal from HCA NO. 2589 of 2007)

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BETWEEN

Before: Hon Rogers VP, Le Pichon and Hartmann JJA in Court

Date of Hearing: 29 May 2009

Date of Judgment: 29 May 2009

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J U D G M E N T

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1.This is an application for leave to appeal to the Court of Final Appeal.

2.The question stated really encapsulates the whole thing, and that is whether a covenant in a deed of mutual covenants creating, governing and/or in relation to the naming right of a building relates to or touches and concerns the land within the meaning of s.41(2) of the Conveyancing Property Ordinance and/or common law, and is therefore enforceable against all the owners of the land, hence whether the Court of Appeal decision in Lamaya Ltd v Supreme Honour Development Ltd (Li & Fung (Properties) Ltd, Third Party [1991] 1 HKC 198, which was followed subsequently in Incorporated Owners of Nine Queen’s Road Central v Mankind Development Ltd [2004] 1 HKC 270 and Yazhou Travel Investment Co. Ltd v Bates [2004] 1 HKLRD 969, should be overruled.

3.The question relates to the naming rights of buildings in Hong Kong.  The naming rights of buildings has become something of importance commercially.  This court considers, on balance, that given the importance of it, it is something which the Court of Final Appeal should be appraised of and ruled on definitively.

4.Therefore we give leave.

Mr Raymond Lau, instructed by Messrs Woo, Kwan, Lee & Lo, for the Plaintiff/Respondent

Mr Patrick Chong, instructed by Messrs Wong, Fung & Co, for the Defendant/Applicant