Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Domestic vs non-domestic tenancy

Legal area

Court

8 Jun 1999

PARK KIT INVESTMENT LTD. v. CHEUNG WAN PING

Citation

PARK KIT INVESTMENT LTD. v. CHEUNG WAN PING
Court

Court of Appeal
Case number

CACV43/1999

The Court held the appellant's defence had no real prospect of success because evidence established the primary user was non‑domestic and that a monthly tenancy had arisen with the appellant as the sole active tenant; accordingly the notice under s.122(1)(b) validly terminated the tenancy and the default judgment should not be set aside.
25 Jul 1984

WONG HONG v. CHAN LAI CHUN

Citation

WONG HONG v. CHAN LAI CHUN
Court

Lands Tribunal
Case number

LDLA296/1984

On the totality of evidence—inspection showing machinery, production in progress, extensive storage of goods, business registration at the address, and the landlord's consistent observations—the Tribunal held the primary user was non-domestic and therefore the tenancy is non-domestic; subsequent removal of goods after inspection did not change that classification.