2 Nov 2001
WING HANG BANK LTD. v. FAST KING LTD. AND OTHERS
- Citation
- WING HANG BANK LTD. v. FAST KING LTD. AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP3404/2000
The Court found on the evidence that a new tenancy was agreed after expiry; the grant of that new tenancy operated as a surrender of the original tenancy by operation of law thereby terminating the original tenancy despite no notice under s122(1); although the new tenancy did not bind the mortgagee for want of prior written consent, that invalidity does not prevent the surrender operating to end the original tenancy vis-à-vis the mortgagee and accordingly the mortgagee was entitled to possession. The appeal was dismissed.