30 Apr 2015
CENTURY STAR (ASIA) LTD v. FORTUNE GOLDMAN LTD
- Citation
- CENTURY STAR (ASIA) LTD v. FORTUNE GOLDMAN LTD
- Court
- District Court
- Case number
- DCCJ3380/2011
The court held that the tenant lawfully yielded up the Premises in 'bare shell' as properly construed; the landlord had not served the statutory s58 notice required for forfeiture and in any event incurred no reinstatement costs (new tenant paid); clause 4(b)(i) was a penalty and unenforceable; accordingly the defendant was not entitled to forfeit the deposit, judgment was entered for the plaintiff for HK$450,120 with interest and the defendant's counterclaim dismissed.