Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

User of premises

  • 27 Feb 1981

    CHENG SHUK YIN v. LEE CHOR NAM

    Citation
    CHENG SHUK YIN v. LEE CHOR NAM
    Court
    District Court
    Case number
    DCCJ3760/1980

    On the balance of probabilities the premises were let for business/non-domestic use; clause 8 combined with the landlord's credible evidence and the occupation permit outweighed the defendant's evidence and the Rating & Valuation certificate (which only evidences user on inspection); accordingly Part II of Cap.7 did not apply, the plaintiff was entitled to possession and the defendant's counterclaim failed.

  • 11 Apr 1978

    SUNG HING-CHUEN v. CHENG TSUI

    Citation
    SUNG HING-CHUEN v. CHENG TSUI
    Court
    District Court
    Case number
    DCCJ7810/1977

    Where parties to an oral tenancy in Hong Kong expressly stipulate domestic user, that term will be treated as a condition subsequent giving the landlord a right of re-entry; here the defendant committed a continuing breach by carrying on business in the flat, the plaintiff's rent demand did not amount to waiver because the breach was continuing, and equitable relief was refused because the defendant's breach was flagrant and persistent.

  • 11 Nov 1974

    ANSLEY ESTATES LTD v. LAM SAU HONG t/a LAM (HONG KEE)

    Citation
    ANSLEY ESTATES LTD v. LAM SAU HONG t/a LAM (HONG KEE)
    Court
    District Court
    Case number
    DCCJ4845/1974

    Judge found on the evidence and inspection that the premises were used for business (dumpling manufacture and storage), the defendant failed to discharge the onus of proving a change to residential user, and there was insufficient pleaded or factual basis to establish landlord waiver; accordingly leases excluded the premises from the Ordinance and judgment for the plaintiff for possession and costs followed.