Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory limitation (s.12(2) limitation ordinance)
  • 15 Aug 2016

    LEUNG WAI IP v. CHAN MING FAI

    Citation
    LEUNG WAI IP v. CHAN MING FAI
    Court
    District Court
    Case number
    DCCJ677/2014

    The application for leave to appeal was dismissed because the judge found no tenancy existed: the defendant's pleadings affirm relationships (purchase/licence) inconsistent with an exclusive periodic tenancy, the defendant failed to plead a tenancy as required by the Rules, and a purported tenancy for an indefinite/uncertain term is void and treated as a licence so s.12(2) did not make the defendant's possession adverse.