Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Tenancy formation

Legal area

Court

5 May 2022

CHAN SIU CHEUNG HENRY AND OTHERS v. CHEUNG WING KEUNG PETER

Citation

[2022] HKDC 325
Court

District Court
Case number

DCCJ1500/2016

On the evidence the payments were rent and an oral periodic tenancy existed covering the external wall and part of the lane; the hawker licence did not confer property rights in the wall; the defendant held over after termination and was ordered to deliver vacant possession, remove the stall and canopy, and to pay mesne profits set at $5,000 per month from 1 March 2016 until delivery of vacant possession; the defendant's counterclaim dismissed.
18 Dec 2013

陳秀雲對張凱莉

Citation

陳秀雲對張凱莉
Court

Lands Tribunal
Case number

LDPD2359/2013

The Tribunal concluded on the balance of probabilities that the applicant failed to prove a landlord–tenant relationship with the respondent or entitlement to possession; key witnesses (the agent and owner) were not called, documentary evidence was inconsistent and unconvincing, and the credible evidence supported that any payment and arrangement were with the owner. The review application disclosed no reasonable prospect of success and was therefore dismissed, upholding the Tribunal's 8 November 2013 decision.