Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 15 Nov 2012

    NGAI NGOK PANG 及另一人 對 LEE SYN YUK, MICHELLE

    Citation
    NGAI NGOK PANG 及另一人 對 LEE SYN YUK, MICHELLE<br>
    Court
    Lands Tribunal
    Case number
    LDPD2002/2012

    The tribunal applied the objective test for notices and found the landlord's 5 June 2012 notice valid and effective to terminate the lease on 5 July 2012; the tenant's 1 July 2012 notice and the landlord's 1 July attempted variation were ineffective because the earlier valid notice could not be withdrawn; however the landlord's subsequent conduct in applying to the tribunal for possession and accepting rent evidenced an intention to create a new tenancy, so the landlord could not recover possession on the basis of the earlier notice; the cheque-handling fee claim falls outside the tribunal's…

  • 4 Oct 2005

    RIDGE LTD v. GOLDEN CASTLE LTD

    Citation
    RIDGE LTD v. GOLDEN CASTLE LTD
    Court
    Court of First Instance
    Case number
    HCA122/2005

    There is no right of legal set-off because the rent covenant is independent; equitable set-off does not apply because the defendant's counterclaim is not sufficiently closely connected to the rent claim and it would not be manifestly unjust to enforce the rent without regard to the counterclaim; factual findings showed no substantial interference with access, so leave to defend was refused and the summary judgment was upheld.

  • 21 May 2003

    COLIN VIVIAN WILLIAMS v. KS CHAN

    Citation
    COLIN VIVIAN WILLIAMS v. KS CHAN
    Court
    Lands Tribunal
    Case number
    LDNT10/2003

    Although the CR101 was arguably defective in naming the solicitor as landlord, the applicant had acted upon it (filed CR102/Form 22) thereby removing practical prejudice; the respondent demonstrated a genuine reasonable requirement for the premises under s119E(1)(b); the repealed s35(1) balancing test was inapplicable; result: tenancy terminated and possession and new tenancy terms ordered including acceptance of proposed rent of 20,500 HKD per month.

  • 14 Jul 1980

    CHAU CHEE-LEUNG v. LAU CHAK-PO AND OTHERS

    Citation
    CHAU CHEE-LEUNG v. LAU CHAK-PO AND OTHERS
    Court
    District Court
    Case number
    DCCJ8780/1979

    Judge preferred defendants' evidence that the landlord gave general oral consent to subletting during negotiation and, by visiting the premises, collecting or accepting rent and meeting subtenants, the landlord's conduct constituted a waiver of the contractual prohibition on subletting; consequently the claim for possession was dismissed. Separately, the court awarded mesne profits of $9,600 for 12 months to the plaintiff.

  • 7 Dec 1973

    LAU TAK KUEN v. HO YEE SING

    Citation
    LAU TAK KUEN v. HO YEE SING
    Court
    Court of First Instance
    Case number
    HCA1728/1973

    The judge found the defendant's evidence and surrounding circumstances more credible than the plaintiff's, accepted that the agreed monthly rent was $460 and that the defendant paid $500 as "tea money" and $2,300 as one month's rent in advance and four months' deposit; accordingly the plaintiff's claim was dismissed and the defendant's counterclaim succeeded, with costs awarded to the defendant.