Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

S.53(2)(b) application

Legal area

Court

29 Apr 1982

SHEK YEE WAN AND ANOTHER v. LEUHG HUI AND OTHERS

Citation

SHEK YEE WAN AND ANOTHER v. LEUHG HUI AND OTHERS
Court

Court of Appeal
Case number

CACV40/1982

Personal representatives who have been receiving rent are 'landlord' within s.49 and therefore entitled to seek possession under s.53(2)(b); because the trial judge would have found the premises reasonably required and that an order would not be manifestly unjust, the appeal succeeds and possession is ordered.
29 Aug 1981

CHIU SUM CHUEN AND ANOTHER v. CHAN SI MUI

Citation

CHIU SUM CHUEN AND ANOTHER v. CHAN SI MUI
Court

District Court
Case number

DCCJ44/1981

Although the plaintiffs' need for the premises for their three adult sons was found to be genuine and reasonable, the court concluded that balancing the parties' circumstances—particularly the defendant's and her elderly grandmother's limited means, inability to obtain affordable alternative accommodation nearby, and likely severe hardship—made it manifestly not just and equitable to order possession; therefore the claim for possession was dismissed.