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Nothing New on Rental Deposits, now affirmed by the CFA: Re New Castle Investments Limited

25 Feb 2021

Further to our article dated 26 November 2020, which can be found here, the Court of Final Appeal today dismissed the application for leave to appeal against the Court of Appeal’s decision in New Castle Investments Ltd v. Foo Wai Lok and Others [2020] HKCA 931 and [2020] HKCA 755.

In the course of oral arguments, it was reiterated that the treatment of rental deposits is predominantly a question of private agreement between the parties, which would not be overridden by any implied term at least on the facts of this case.

Michael Lok and Euchine Ng acted for the landlord, both at first instance and on appeal, who were led by Edward Chan SC in [2020] HKCA 755 and in the Court of Final Appeal (and by Jenkin Suen SC in [2020] HKCA 931).

Tommy Cheung acted for the personal guarantors and tenant in [2020] HKCA 931 and in the Court of Final Appeal.