Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Oral agreement for lease

Legal area

Court

17 Apr 2008

SHAM TSENG CHAN KEE ROASTED GOOSE CO LTD v. GARWIN INTERNATIONAL LTD

Citation

SHAM TSENG CHAN KEE ROASTED GOOSE CO LTD v. GARWIN INTERNATIONAL LTD
Court

District Court
Case number

DCCJ4496/2007

The appeal was allowed and unconditional leave to defend granted because a triable issue existed as to whether an oral agreement created a new lease; the undisputed surrender of the car-parking space supported the defendant's account; clause 4 did not preclude an oral agreement and documentary absence was not fatal where oral testimony could prove the fact; and no application for interim payment had been made so the court would not impose payment into court as a condition of leave.
14 Nov 1997

XCHR YUENFIELD LIMITED v. CUMING DEVELOPMENT COMPANY LIMITED

Citation

XCHR YUENFIELD LIMITED v. CUMING DEVELOPMENT COMPANY LIMITED
Court

Court of First Instance
Case number

HCA13726/1996

There was no credible evidence of any enforceable oral agreement to create a monthly tenancy at $250,000 and no enforceable agreement to apply the security deposit to set off arrears; the Defendant had validly served a six‑month notice of termination and is entitled to possession and judgment for arrears of $1.74 million; the Master orders for interim payment and the Unless Order were properly imposed and appeals against them are dismissed.