10 Apr 1992
GEORGE H. LIU AND SUSAN PARKER LIU v. TAKE HARVEST LTD.
- Citation
- GEORGE H. LIU AND SUSAN PARKER LIU v. TAKE HARVEST LTD.
- Court
- Court of Appeal
- Case number
- CACV35/1992
The Court held that the parties’ oral agreement of 9 November constituted a new parol tenancy which, though unenforceable as a contract for a different rent under Cap 219 s3/s6(2), operated to surrender the prior written lease by operation of law; the 11 December facsimile did not constitute valid notice under s119B(2), but the defendants had accepted possession and re-entry was effective as of 11 February, entitling them to judgment on their counterclaim for HKD 44,354.80 (arrears less deposit).