29 Oct 1980
SYLVIA SETO AND ANOTHER v. KOWLOON SHOPPING CENTER LTD AND ANOTHER
- Citation
- SYLVIA SETO AND ANOTHER v. KOWLOON SHOPPING CENTER LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1891/1978
The court held that the sub‑tenants' undertaking did not in itself bar an application for equitable relief, but in Hong Kong—where there is no statutory provision equivalent to s.146(4) LPA 1925 to vest the head‑lease or apportion rent—the court could not safely grant relief limited to the part occupied without causing grave injustice to the landlord. On the facts, relief was conditional: judgment for possession and mesne profits was awarded but stayed if the second defendants elected within 21 days to stand in the original lessee's shoes for the remainder of the term and comply with specifie…