19 Mar 1982
JOSEPH EDWARD HOTUNG v. JIMMY\'S KITCHEN LTD
- Citation
- JOSEPH EDWARD HOTUNG v. JIMMY\'S KITCHEN LTD
- Court
- Court of First Instance
- Case number
- HCMP276/1982
Clause 4(a) (forfeiture on non-payment, bankruptcy, liquidation, execution) does not assist the tenant because it is covered by binding Court of Appeal authority (Yue Wan Estates Ltd.) that such clauses do not constitute a 'provision for earlier determination other than for breach' within s.121(2)(a). Clause 4(g) (destruction/uninhabitability/force majeure), however, is a provision that gives the landlord an absolute right to determine the lease upon the occurrence of the specified events and therefore is a 'provision for earlier determination of the same other than for breach' within the mea…