Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Calculation of notice period

  • 8 May 2013

    林旭光 對 劉潔暉

    Citation
    林旭光 對 劉潔暉
    Court
    Lands Tribunal
    Case number
    LDPD421/2013

    Court found the original agreement lacked a fixed N-year term so its N-year provision was invalid and, following authorities (Berrisford and related reasoning), the arrangement was properly characterised as a tenancy susceptible to termination under its terms; however the agreement was an instrument affecting land that had not been registered and therefore was void against a subsequent bona fide purchaser for value under Land Registration Ordinance s.3. Notwithstanding the applicant's title, the immediate determinative point was service: the notice dated 29 Dec 2012 was deemed delivered only…

  • 6 May 2013

    HO SAI MING 及另一人 對 譚汝海

    Citation
    HO SAI MING 及另一人 對 譚汝海
    Court
    Lands Tribunal
    Case number
    LDPE1034/2012

    The Tribunal held that a notice to quit requiring possession 'within one month from service' gives the tenant the full month including the final moment; time is calculated under Order 3 r 2(2) so the one-month notice served 4 June 2012 expired at the midnight between 4–5 July 2012. The earlier decision that the notice expired on 3 July 2012 was legally incorrect. Accordingly the applicants are entitled to possession and to recover unpaid rent until vacant possession is delivered.

  • 1 Nov 1985

    RE NG YIN MAN, FARWINA

    Citation
    RE NG YIN MAN, FARWINA
    Court
    Court of First Instance
    Case number
    HCB415/1985

    Where the original notice enables the debtor to calculate when the bankruptcy notice expired the incorrect dating in the petition is a formal defect and leave to amend may be granted even if the amendment is made after the three month period; where service was by post the petition must reflect the deemed date (seven days after posting) and if the petition does not allow calculation of the effective date the defect is substantive and the petition must be dismissed when the three month period has expired.