20 Mar 1972
DONALD W. SHIELDS v. MARY CHAN (otherwise known as GING TAK CHOW otherwise known as MARY CHAN PO MAN)
- Citation
- DONALD W. SHIELDS v. MARY CHAN (otherwise known as GING TAK CHOW otherwise known as MARY CHAN PO MAN)
- Court
- Court of Appeal
- Case number
- CACV30/1971
The appeal was allowed because the appellant's incidental work-related activities did not change the character of the premises from residential to non-residential and therefore did not breach the Special Condition; mesne profits were reduced to the contractual rent of $1,000 per month; specific performance of renewal was not practical because possession had been surrendered; cross-appeal concerning water charges was dismissed because evidence showed agent representations and the dispute and nominal nature of charges meant non-payment did not amount to breach.
- Restrictive covenant interpretation
- Use of premises for private residential purposes
- Lease renewal and option to renew
- Mesne profits
- Water charges and payment obligations
- Estoppel and agency