8 May 2013
林旭光 對 劉潔暉
- Citation
- 林旭光 對 劉潔暉
- Court
- Lands Tribunal
- Case number
- LDPD421/2013
Court found the original agreement lacked a fixed N-year term so its N-year provision was invalid and, following authorities (Berrisford and related reasoning), the arrangement was properly characterised as a tenancy susceptible to termination under its terms; however the agreement was an instrument affecting land that had not been registered and therefore was void against a subsequent bona fide purchaser for value under Land Registration Ordinance s.3. Notwithstanding the applicant's title, the immediate determinative point was service: the notice dated 29 Dec 2012 was deemed delivered only…