Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Greater hardship proviso

Legal area

Court

27 May 1980

CHAN NAM v. POON SIU-PING

Citation

CHAN NAM v. POON SIU-PING
Court

Court of Appeal
Case number

CACV3/1980

Where a landlord has by conduct or acquiescence waived a tenant's breach of a statutory requirement for written consent to sub-let, the landlord cannot rely on s.53(2)(e) to obtain possession; the appeal is allowed on that basis.
19 Jun 1970

CHAN CHUN YING v. P. U. MELWANT

Citation

CHAN CHUN YING v. P. U. MELWANT
Court

District Court
Case number

DCCJ1348/1970

On the balance of probabilities, having weighed the relative medical, domestic and financial positions of the parties and considered availability of alternative accommodation and the documentary evidence undermining the plaintiff's asserted urgent need, the Court concluded that granting possession would cause greater hardship to the defendant than refusing it and accordingly refused the order for possession.