Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Validity of notice to quit

Legal area

Court

15 Jan 2014

CHAN WING MING WINNIE v. TSE WAH YUEN JOSEPH AND OTHERS

Citation

CHAN WING MING WINNIE v. TSE WAH YUEN JOSEPH AND OTHERS
Court

District Court
Case number

DCCJ5053/2013

Although there was a serious question to be tried, the court found arguable defences existed (including likely acceptance of Chambers Rules by conduct and disputed legal issues over the notice and entitlement to services), concluded damages would be an adequate remedy and that the balance of convenience favoured refusal; accordingly the interlocutory injunction application was dismissed.
2 Jun 1999

LEE PAK HONG v. LEE WAI WING

Citation

LEE PAK HONG v. LEE WAI WING
Court

Court of First Instance
Case number

HCMP2490/1997

The court held that the historical 'right to let' granted exclusive possession of specific floors and was effectively equivalent to ownership of those floors; the 1972 transaction (supported by payment and possession) amounted to an equitable assignment of the First Floor to the Purchaser, resulting in partitioned interests of two-thirds for the Purchaser and one-third for the Successor; consequently the Successor was liable for one-third of common outgoings, the Purchaser was entitled to judgment for contributions, and the notice to quit was ineffective against the Purchaser's proprietary ri…