Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Comparative hardship

  • 9 Nov 1983

    NG YUK YUEN v. WAI LAN WING AND ANOTHER

    Citation
    NG YUK YUEN v. WAI LAN WING AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV89/1983

    Appeal allowed because the tribunal failed to consider the tenant's husband's pension and impermissibly compared hardship by reference to the landlord's sons' earning potential; the matter is remitted for retrial before another judge on whether making an order for possession would result in manifest injustice or inequity to the tenant.

  • 31 Oct 1979

    CHUK YAU-CHEONG v. LEE MIU-YING

    Citation
    CHUK YAU-CHEONG v. LEE MIU-YING
    Court
    Court of Appeal
    Case number
    CACV14/1979

    Waiver and estoppel are available defences to claims under section 53 of the Landlord and Tenant (Consolidation) Ordinance; the trial judge erred in allowing an amendment and proceeding without granting a reasonable adjournment or permitting further evidence and cross-examination, and the matter must be remitted to the District Judge to re-open the trial, allow an amended defence and determine entitlement to possession (including consideration of waiver, estoppel and comparative hardship).