Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Acceptance of keys

  • 8 Jul 2005

    LEE LAN HING v. LEE SUK YEE

    Citation
    LEE LAN HING v. LEE SUK YEE
    Court
    District Court
    Case number
    DCCJ4816/2004

    On the balance of probabilities the landlord did not consent to the defendant's purported early surrender until he re-let the premises in late August 2004; the acts relied on by the defendant were equivocal and insufficient to prove acceptance earlier, therefore the defendant remained liable for rent and consequential damages until re-letting; deposit and utilities credited and interest and costs awarded.

  • 8 Jan 1987

    THE WORLD REALTY LTD v. KWAN NGAR YIN

    Citation
    THE WORLD REALTY LTD v. KWAN NGAR YIN
    Court
    Court of Appeal
    Case number
    CACV150/1986

    There was insufficient evidence that the plaintiffs unequivocally accepted delivery of possession on or about 31 July 1985; omissions in the rent ledger and failure to return keys did not alone establish acceptance; consequently no surrender by operation of law occurred and the defendant remained liable for rent and fees. The defendant failed to prove special damages for loss of profit, so only a nominal set-off for breach was appropriate; appeal allowed and judgment entered for plaintiffs for $60,000.