24 Dec 1971
HOP HING (A FIRM) v. LAM PAK
- Citation
- HOP HING (A FIRM) v. LAM PAK
- Court
- Court of Appeal
- Case number
- CACV7/1971
The appeal was dismissed because the trial judge's implicit findings—that the premises had remained untenanted after 16 August 1945, were rendered habitable by extensive repairs carried out at the landlord's expense meeting the statutory threshold, and that the evidence (including the Tenancy Tribunal record and contractor's estimate) supported those findings—were supported by the evidence and not shown to be per incuriam; the appellant had not preserved or pleaded the alternative case (entirely new building) below and could not raise it for the first time on appeal to defeat jurisdiction.
- Forfeiture for non-payment of rent
- Statutory exceptions to rent control (landlord and tenant ordinance s.3(1)(d))
- Jurisdiction on appeal/new points
- Admissibility and weight of hearsay/tribunal records (evidence ordinance s.38d)
- Definition of repairs vs. new building
- Pleading obligations re: statutory cause of forfeiture