14 May 1982
CHAN LAU v. WONG SUI MAI
- Citation
- CHAN LAU v. WONG SUI MAI
- Court
- Court of Appeal
- Case number
- CACV36/1982
The tenant must first prove any primary facts relied upon on the balance of probabilities and then satisfy a distinct, heavier qualitative test that an ordinary person apprised of all circumstances would regard making an order for possession as clearly, cogent and impellingly unjust; the trial judge erred by treating irrelevant landlord factors and lack of frankness as part of that ultimate test, and on the correct application the appeal is allowed and possession granted to the landlord.