Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Break clause (notice to terminate)
  • 15 Oct 2009

    YU WING KEI v. CHAN TAK KWONG

    Citation
    YU WING KEI v. CHAN TAK KWONG
    Court
    Court of First Instance
    Case number
    HCSA22/2009

    Leave to appeal was refused because the Notice did not comply with the operative tenancy agreement's break clause, the landlord's threatened deduction of the security deposit did not constitute a repudiatory breach entitling the tenant to withhold rent, and set-off of the deposit is discretionary and properly reserved to be determined in the related claim, so the application had no merit.

    • Break clause (notice to terminate)
    • Security deposit
    • Set-off
    • Anticipatory breach and repudiation
    • Contract interpretation
    • Leave to appeal on question of law