Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Quasi-estoppel

  • 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…

  • 26 Nov 1980

    LO WAH AND ANOTHER v. CHUI FUN

    Citation
    LO WAH AND ANOTHER v. CHUI FUN
    Court
    Court of Appeal
    Case number
    CACV152/1980

    s.52(1) makes contractual tenancy incapable of termination during Part II so a landlord may obtain possession under s.53(2) without prior determination of the head-tenancy; an oral/unauthorised consent did not estop enforcement of the statutory right; s.53(5)/(6) do not bar making an effective possession order against a sub-tenant, therefore the sub-tenant was not protected and the possession order against both defendants was proper.