11 Oct 2021
YAU FAT SHING t/a YAU YIM KEE FRUIT IMPORTER v. LEUNG YIU KONG t/a KWAN TAI LOONG FRUIT
- Citation
- [2021] HKDC 1259
- Court
- District Court
- Case number
- DCCJ1009/2017
On the balance of probabilities the court accepted the plaintiff's evidence that the plaintiff's predecessor held the Premises from about 1950 and orally sublet the corner (D's Shop) to the defendant's predecessors in the 1960s; the Grey Land is public Shek Lung Street so the defendant has no proprietary right and the counterclaim for trespass fails; the illegality argument under SOO/CLO/LMPO was rejected following the reasoning in Yip Alice that s.4 LMPO does not automatically strip parties of civil remedies, therefore the oral tenancy is enforceable and plaintiff is entitled to arrears and…