13 Mar 2008
The appeal was dismissed because the statutory requirements for exercising the power of sale under Cap.219 (notice and lapse of one month) were satisfied and the appellant's allegation of interest miscalculation did not constitute a defence to summary judgment nor justify a stay of execution.
30 May 2003
No arguable question of law was identified because the magistrate's decision turned on factual findings about existing use which were open to the magistrate on the evidence; there was no reasonably arguable substantial and grave injustice; the application for certification and leave was dismissed.
29 Jan 2002
The court exercised its discretion and struck out the winding-up petition because the Company demonstrated a bona fide dispute on substantial grounds—specifically that the Petitioner installed an enclosed generator affecting the building and failed to obtain Building Authority approval as contractually required—and arbitration had been commenced; thus the matter was inappropriate to proceed by petition and should be determined by arbitration or other appropriate proceedings.
16 Mar 1999
Because the statute prescribes the permitted modes of service for termination notices and fax transmission is not among them (per s.119Y Cap.7 and s.7 Lands Tribunal Ordinance), service of the second CR101 by fax was not good service and thus the notice was invalid; accordingly the appeal is dismissed.
18 Nov 1998
On the balance of probabilities the court was not satisfied that the statutory notice was either sent and received by registered post or posted on the defendant's premises as required; evidence showed the registered envelope contained a different letter and the clerk's account of posting was insufficiently reliable, therefore the statutory notice was not proved served, the tenancy did not terminate and the plaintiff's claim failed.
5 Mar 1997
On the balance of probabilities the Tribunal preferred the applicant's evidence and found the notification to collect the registered letter was not delivered to her letter box; the applicant rebutted the presumption of service by post under s8; consequently Form CR101 was not duly served and the respondent failed to terminate the tenancy, which therefore continued statutorily subject to payment of the existing rent and observance of its other terms.
7 Nov 1989
Section 8A(1) is compensatory rather than punitive; where an employee has continued to work and been paid wages for the period equal to the statutory notice, those wages must be deducted from the S.8A(1) entitlement to avoid double recovery. Accordingly the Presiding Officer was correct to set off wages paid during the statutory notice month against the one month's damages and the appeal is dismissed.