Read the full judgment text of FAMV 000008/2009 on BabelCite. This FAMV judgment was delivered on 25 June 2009 before Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ.
Civil procedure – leave to appeal – non-derogation from grant – landlord and tenant – implicit obligations – government lease – rezoning – change of user – car park requirement – economic viability – Hong Kong land use – Court of Final Appeal – Rank Profit Industries Ltd v Secretary for Justice – The applicant property developer acquired a government lease requiring a multi-storey car park, but alleged that the government's rezoning of other lots and grant of lease modifications for change of user derogated from the grant by reducing demand for parking. The Court of Final Appeal dismissed the application for leave to appeal, holding that the alleged implicit obligation on the government not to modify user restrictions on other lots for 50 years was not reasonably arguable. The court applied the principle that obligations necessarily implicit in a grant must be identified based on circumstances at the time, and found it implausible that the government would sterilize its entitlement to negotiate lease modifications. The application fell at the first hurdle and was dismissed with costs.
Legal issues: Non-derogation from grant - implicit obligation
Outcome: Application for leave to appeal dismissed with costs.
Cited by 5 cases · Cites 1 case