Hong Kong Case Law: Decisions & Judgments

Topic

Section 21f high court ordinance

Legal area

Court

21 Dec 2015

RAMADOUR INDUSTRIES LTD v. BULLEN CHRISTIAN ANTHONY

Citation

RAMADOUR INDUSTRIES LTD v. BULLEN CHRISTIAN ANTHONY
Court

Lands Tribunal
Case number

LDPD1912/2015

The respondent failed to demonstrate good cause or good grounds for a second relief against forfeiture; mere cashflow difficulties, offers to pay without actual payment, payments made after the judgment, or alleged prior tolerance do not satisfy the tenant's burden under s.21F(1A) or equitable jurisdiction, therefore the tribunal confirmed the earlier orders and refused the second relief.
30 Jul 2015

HUANG PUI YING v. ANANI KOKUVI AKPENAMAWN RAYMOND AND ANOTHER

Citation

HUANG PUI YING v. ANANI KOKUVI AKPENAMAWN RAYMOND AND ANOTHER
Court

Court of Appeal
Case number

CACV165/2015

The Court held that relief under s21F(4) (and, alternatively, equitable relief) was appropriately granted to extend the time for payment to 13 July 2015; because the respondent paid the required sum before that date, by operation of s21F(5) the respondent shall continue to hold the premises according to the tenancy terms.
30 Jul 2015

HUANG PUI YING v. ANANI KOKUVI AKPENAMAWN RAYMOND AND ANOTHER

Citation

HUANG PUI YING v. ANANI KOKUVI AKPENAMAWN RAYMOND AND ANOTHER
Court

Court of First Instance
Case number

HCMP1323/2015

The Court granted relief by extending the time for payment of arrears to 13 July 2015 under s21F; because the required sum was paid within the extended period, pursuant to s21F(5) the respondent may continue to hold the premises according to the tenancy.
12 Aug 2011

FAR EAST LAND HOLDINGS LTD v. EMPIRE ASIAN LTD

Citation

FAR EAST LAND HOLDINGS LTD v. EMPIRE ASIAN LTD
Court

Court of First Instance
Case number

HCA1246/2010

The court allowed the appeal and exercised its statutory and equitable discretion to grant relief against forfeiture and a stay of execution because the defendant established good cause by demonstrating the breach was an inadvertent slip and the landlord's acceptance of late rent (and interest) constituted waiver; accordingly relief was granted subject to conditions requiring punctual future payments and satisfaction of arrears by a specified date.
24 Jun 2002

SUPER CENTURY INVESTMENTS LTD. v. ADVANCE LTD. AND ANOTHERS

Citation

SUPER CENTURY INVESTMENTS LTD. v. ADVANCE LTD. AND ANOTHERS
Court

Court of First Instance
Case number

HCA73/2002

On the facts the 1st Defendant's substantial, persistent non-payment and conduct evinced either inability or an intention not to perform, amounting to repudiation; the writ constituted valid acceptance of repudiation; the 2nd Defendant as guarantor is liable for damages flowing from that repudiation under the guarantee; the Master's variation complied with Section 21F(10)(b) and the orders are valid; appeal dismissed and Master's decision upheld.
8 Nov 2001

AMBRIDGE INVESTMENTS LTD. v. LEXON INVESTMENT LTD. AND ANOTHER

Citation

AMBRIDGE INVESTMENTS LTD. v. LEXON INVESTMENT LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA9743/2000

The interim injunction application was dismissed because the 2nd defendant was not entitled to invoke section 21F(3) after the possession order was made, failed to present sufficient material to establish a serious question of entitlement under section 58(4) (notably lack of evidence of financial ability), and the balance of convenience favoured the plaintiff as the 2nd defendant was a trespasser.

Hong Kong Case Law

RAMADOUR INDUSTRIES LTD v. BULLEN CHRISTIAN ANTHONY

HUANG PUI YING v. ANANI KOKUVI AKPENAMAWN RAYMOND AND ANOTHER

HUANG PUI YING v. ANANI KOKUVI AKPENAMAWN RAYMOND AND ANOTHER

FAR EAST LAND HOLDINGS LTD v. EMPIRE ASIAN LTD

SUPER CENTURY INVESTMENTS LTD. v. ADVANCE LTD. AND ANOTHERS

AMBRIDGE INVESTMENTS LTD. v. LEXON INVESTMENT LTD. AND ANOTHER