Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Implied tenancy

  • 26 Nov 1998

    CHOI LAI KAM v. TANG KAM CHOI

    Citation
    CHOI LAI KAM v. TANG KAM CHOI
    Court
    Court of First Instance
    Case number
    HCA4165/1997

    The tenancy was of agricultural land (including dwelling occupied by persons working the land) and therefore not a protected tenancy under Part II; the 1979 Notices to Quit were valid and effective; no implied new tenancy arose because rent was not accepted after notice and there was no act implying consent; defences of laches, acquiescence and waiver fail because the Defendant's reliance was not induced by Plaintiff and Defendant had notice of the Notices; therefore Plaintiff entitled to possession, injunction, mesne profits at $200 per annum from 1 July 1980 and costs (nisi).

  • 9 Apr 1986

    GLENEALY MANSION LIMITED v. NORMAN PERSAUD

    Citation
    GLENEALY MANSION LIMITED v. NORMAN PERSAUD
    Court
    Court of First Instance
    Case number
    HCA5758/1985

    The court found on the balance of probabilities that the Defendant occupied without landlord authority and that the landlord (through its manager) did not know the original tenant had vacated nor that the Defendant was claiming to be tenant; contemporaneous documents (rent memoranda and receipts in the original tenant's name) and credible oral evidence (Catherine Wong) rebutted Defendant's account. Knowledge could not be imputed from third parties, and doctrines of waiver/acquiescence/laches/quasi-estoppel were not established. Result: Defendant is a trespasser; possession awarded and mesne p…