Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Waiver of covenant in crown lease
  • 17 Mar 1987

    LEUNG LAI KEUNG v. TSE YUEN LUNG

    Citation
    LEUNG LAI KEUNG v. TSE YUEN LUNG
    Court
    Court of Appeal
    Case number
    CACV144/1986

    The trial judge's stated reasons for disbelieving the plaintiff were legally inadequate and the judge erred in refusing leave to amend pleadings; the documentary evidence was not conclusive against the plaintiff, therefore the correct remedy is to allow the appeal and order a new trial before another judge.

    • Waiver of covenant in crown lease
    • Change of user/short term waiver
    • Rescission/withdrawal following administrative refusal
    • Pleading amendment and leave to amend
    • Witness credibility and appellate review