Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Service tenancy

Legal area

Court

30 Jan 1981

KADER INDUSTRIAL CO LTD v. HO YUNG-KAI

Citation

KADER INDUSTRIAL CO LTD v. HO YUNG-KAI
Court

Court of Appeal
Case number

CACV183/1980

Appeal dismissed because the appellant failed to prove the existence of an implied term requiring vacation on termination of employment; the trial judge's factual findings that the parties did not intend such a term (the tenant was a special, generously treated case) were upheld and the officious bystander/business efficacy test did not support implication of the term.
10 Apr 1970

MAK KIN KEE v. MAK PUN TAI

Citation

MAK KIN KEE v. MAK PUN TAI
Court

District Court
Case number

DCCJ4886/1969

The alleged oral declaration of trust was void under Statute of Frauds s.7, there was no probative evidence of a service tenancy, and the plaintiff was therefore sole beneficial owner; on the disputed accounting the judge made an arbitrary assessment (half of the rents in the accounts for the period) due to evidentiary uncertainty and awarded sums accordingly, plus injunction and costs.