Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Form cr 101

Legal area

Court

11 May 1995

Bradstone Ltd. v. Carry Express Investment Ltd.

Citation

Bradstone Ltd. v. Carry Express Investment Ltd.
Court

Lands Tribunal
Case number

LDPB764/1995

The Form CR 101 was valid because, read as a whole, the printed statement of opposition together with the respondent's inserted wording sufficiently and unambiguously conveyed that the landlord would oppose the grant of a new tenancy on the ground of rent default; the notice must be liberally construed and minor drafting defects do not invalidate it where the substance of s.119(5) is satisfied.
11 May 1995

BRADSTONE LTD v. CARRY EXPRESS INVESTMENT LTD

Citation

BRADSTONE LTD v. CARRY EXPRESS INVESTMENT LTD
Court

Lands Tribunal
Case number

LDNT764/1995

The notice was valid because the respondent's insertion of grounds under the printed sub‑paragraph (2) must be read together with the printed words indicating opposition; applying a liberal construction, the form satisfied s.119(5) despite the failure to delete the alternative paragraph and the imperfect drafting of the inserted ground; costs were refused because the respondent did not act frivolously and costs are constrained by the governing statutes.