Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sub‑lease

  • 7 Aug 1998

    SGS HONG KONG LTD. v. APPLAUD LAND INVESTMENT LTD.

    Citation
    SGS HONG KONG LTD. v. APPLAUD LAND INVESTMENT LTD.
    Court
    Court of First Instance
    Case number
    HCA3551/1996

    The tenancy between Applaud and SGS terminated on 28 February 1995 by notice and effluxion of time; Applaud, by negotiating directly with South Crown and failing to notify SGS before expiry that vacant possession was required, elected to allow South Crown to remain and cannot thereafter pursue SGS for the deposit or occupation; SGS is entitled to return of the security deposit with interest; Applaud's remedy for occupation and unpaid rent lies against South Crown, not SGS, and the indemnity/guarantee related only to the subsisting sub‑tenancy.

  • 12 Jan 1978

    SYLVIA SETO v. MODY HOLDINGS LTD

    Citation
    SYLVIA SETO v. MODY HOLDINGS LTD
    Court
    Court of First Instance
    Case number
    HCA1811/1976

    Lease was validly forfeited for non‑payment of rent and for voluntary waste, but the court granted equitable relief against forfeiture because rent and mesne profits had been paid into court; relief is conditional on the defendant obtaining Building Authority consent or making required alterations; the Deed of Covenant did not create an enforceable right to a 15‑year tenancy or oblige the plaintiff to grant a further lease, so the defendant's counterclaim for possession and specific performance fails.