Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Implied covenant

  • 7 Jan 2014

    WONG TUNG PO v. LAM LEI YUNG

    Citation
    WONG TUNG PO v. LAM LEI YUNG
    Court
    District Court
    Case number
    DCPI676/2013

    Default judgment was set aside because the defendant demonstrated a real prospect of successfully defending liability: the tenancy agreement does not impose an express or implied obligation on the landlord to repair the ceiling, the pleaded medical evidence was initially inadequate on the occurrence of the incident, the defendant acted promptly once she became aware of proceedings, and there was no evidence of prejudice to the plaintiff that would outweigh allowing a trial to resolve disputes of fact and credibility.

  • 9 Jul 1982

    NG WING-LEE v. HO YUK-CHANG t/a CHEUNG KEE

    Citation
    NG WING-LEE v. HO YUK-CHANG t/a CHEUNG KEE
    Court
    Lands Tribunal
    Case number
    LDPA1/1982

    No implied covenant against illegal or immoral use is to be implied in the oral monthly tenancy because necessity test not met and statutory s.33(1)(b) provides an independent remedy; s.33(1)(b) is to be read disjunctively so conviction of tenant is not the only route to recovery; however liability for 'suffer' or 'permit' requires actual knowledge or wilful blindness/grounds for reasonable suspicion and applicant failed to prove respondent had such knowledge, therefore possession claim dismissed.