23 Dec 1983
KEITH STEVENS MCCONNELL v. BAK LING ENTERPRISES LTD
- Citation
- KEITH STEVENS MCCONNELL v. BAK LING ENTERPRISES LTD
- Court
- Court of First Instance
- Case number
- HCA4246/1983
Court found the agent's promise to wax polish constituted a collateral warranty breached by defendant; damages limited to loss of enjoyment for period until polishing ($8,423.74) plus cost of polishing ($1,200 incorporated into award), plaintiff validly exercised break clause so tertiary year rent did not bind him, statutory continuation under the Ordinance was not established nor applied, continuing occupation was without landlord consent, and clause 5 deposit was a penal forfeiture enforceable in the circumstances because plaintiff's breaches (long withholding of rent and failure to yield u…