Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Forfeiture/termination of tenancy

Legal area

Court

16 Nov 2020

NEW CASTLE INVESTMENTS LTD v. YUAN YIQIANG

Citation

[2020] HKCA 931
Court

Court of Appeal
Case number

CACV47/2020

The Court held the proposed implied term (requiring immediate application of deposit upon commencement of forfeiture proceedings) was not reasonably arguable because Clause 5.04 expressly made the deposit the landlord's money and prescribed repayment only after vacant possession and settlement of claims; therefore the Judge erred in setting aside the bankruptcy order and dismissing the petition, the appeals restoring the default judgment and bankruptcy orders succeeded, and leave to the Court of Final Appeal was refused for lack of merit.
22 Jul 2009

MA KAM CHOI AND ANOTHERS v. MA KA WO AND ANOTHER

Citation

MA KAM CHOI AND ANOTHERS v. MA KA WO AND ANOTHER
Court

District Court
Case number

DCCJ5453/2007

Because the managers sued as trustees for beneficiaries whose rights were not barred, and because the 1st Defendant accepted appointment as manager and acknowledged the tong's title (and signed a tenancy acknowledgement), the Limitation Ordinance provisions (ss.20,23,10) prevent adverse possession from extinguishing the tong's title; the 1st Defendant's adverse possession defence and counterclaim therefore fail and the tong is entitled to vacant possession, arrears, mesne profits, demolition and damages.