Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Animus revertendi

Legal area

Court

13 Jan 1976

WONG PENG KUEN v. CHUNG KING PUI AND ANOTHER

Citation

WONG PENG KUEN v. CHUNG KING PUI AND ANOTHER
Court

District Court
Case number

DCMP5/1975

On the facts the Tribunal properly found a prima facie cesser of possession. The opponents failed to demonstrate a genuine animus revertendi coupled with sufficient corpus possessionis; negotiations over disposal of furniture and other evidence showed abandonment. Appeal allowed: statutory tenancy relinquished; ejectment and mesne profits ordered.
8 Apr 1970

FUNG CHI KWING v. LAM SIK MAN

Citation

FUNG CHI KWING v. LAM SIK MAN
Court

District Court
Case number

DCCJ72/1970

Service of the redevelopment notice on 30 May 1968 caused the Landlord and Tenant Ordinance to cease to apply to the premises so that the plaintiffs lost their protection; the subsequent withdrawal of the redevelopment notice did not restore the plaintiffs' prior statutory protection or entitlement to reinstatement in this court, although they may seek compensation via a Tenancy Tribunal subject to procedural time limits; accordingly plaintiffs' claims for reinstatement are dismissed and defendant awarded costs.