陳偉康 對 綺麗纖體美容有限公司

陳偉康 對 綺麗纖體美容有限公司

Respondent failed to demonstrate a reasonable prospect of success on appeal or other compelling reason for granting leave; the Tribunal lacks jurisdiction to entertain respondent's counterclaim for damages unconnected to possession; tenant's obligation to pay rent is independent of alleged landlord breaches and...

Source-derived case information.

Citation
[2025] HKLdT 3
Parties
Applicant: 陳偉康; Respondent: 綺麗纖體美容有限公司 (KIREI SKIN CARE & BEAUTY LIMITED)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
22 January 2025
Case Number
LDPD1429/2024
Procedural Posture
Possession (landlord Recovery) / Post Judgment Application for Leave to Appeal and Stay (decision)
Outcome
Leave to appeal refused; application for stay of execution refused; original possession order and monetary awards upheld; respondent ordered to pay costs.
Legal Topics
Possession, Non Payment of Rent, Tenancy by Estoppel, Counterclaim Jurisdiction, Leave to Appeal, Stay of Execution, Costs
Source Language
ch
Landlord and Tenant Civil Procedure Appeals Jurisdiction Possession Non Payment of Rent Tenancy by Estoppel Counterclaim Jurisdiction +3 more

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Parties

陳偉康

Applicant

綺麗纖體美容有限公司 (KIREI SKIN CARE & BEAUTY LIMITED)

Respondent

Procedural Posture

Possession (landlord Recovery) / Post Judgment Application for Leave to Appeal and Stay (decision)

  1. 1 Whether respondent's non-payment of rent justified possession order
  2. 2 Whether respondent can rely on alleged lack of landlord authorization to resist possession (tenancy by estoppel)
  3. 3 Whether the Lands Tribunal has jurisdiction to entertain respondent's counterclaim for damages

Ratio Decidendi

Respondent failed to demonstrate a reasonable prospect of success on appeal or other compelling reason for granting leave; the Tribunal lacks jurisdiction to entertain respondent's counterclaim for damages unconnected to possession; tenant's obligation to pay rent is independent of alleged landlord breaches and arrears justify the possession order; stay of execution refused for lack of irreparable prejudice.

Court Disposition

Leave to appeal refused; application for stay of execution refused; original possession order and monetary awards upheld; respondent ordered to pay costs.

Orders

  • Leave to appeal refused.
  • Application to stay execution of the possession order refused and temporary stay vacated.