Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Tenancy characterization
  • 1 Sept 2014

    HAU GAY YAU v. WONG MUK DIN

    Citation
    HAU GAY YAU v. WONG MUK DIN
    Court
    Court of Appeal
    Case number
    CACV15/2014

    The Court allowed the appeal, holding that the trial judge erred in finding the NTQ ineffective for non‑compliance with s.62 CPO because s.62(2)–(4) are supplementary and do not displace common law modes of service; evidence showed the solicitors acted for the defendant and received the NTQ as agent, and a notice should be construed so as to be effectual to a reasonable recipient. The judge's order was set aside and limited issues (rent review mechanism and plaintiff's standing/joining of co‑executrix) were remitted for retrial; costs of the appeal ordered nisi against the defendant.