14 Dec 1982
LEE CHUI FOON v. GREAT MACE TRADING CO LTD
- Citation
- LEE CHUI FOON v. GREAT MACE TRADING CO LTD
- Court
- Court of Appeal
- Case number
- CACV124/1982
Where a landlord knows of the cause of forfeiture, mere negotiations or the tendering of drafts that do not result in a concluded agreement cannot, as a matter of law, amount to an unequivocal election to waive forfeiture; furthermore, a purported new lease taking effect from the past date when forfeiture arose cannot unambiguously demonstrate waiver. Consequently the appeal is allowed and there was no waiver. There is also no basis to back‑date the possession order under the Ordinance or Rules.