Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Presumption of posting
  • 12 Feb 1982

    LI YUK-HA BETTY v. CHENG FONG

    Citation
    LI YUK-HA BETTY v. CHENG FONG
    Court
    District Court
    Case number
    DCCJ4194/1981

    The plaintiff failed to prove on the balance of probabilities that the notice to quit was sent by ordinary post; the court will not infer posting merely from one employee instructing another in the absence of direct evidence of the firm's internal posting procedures or a witness who posted the letter; consequently the required notice was not proved and the periodic tenancy was not terminated, so judgment is entered for the defendant.