SUPREMACY TRADING CO LTD v. PEARL DRAGON INVESTMENTS LTD

SUPREMACY TRADING CO LTD v. PEARL DRAGON INVESTMENTS LTD

The court granted leave to appeal because the applicant satisfied the onus by demonstrating arguable grounds involving questions of law, specifically errors alleged in relation to acceptance of the new tenancy agreement and consideration of mitigation of loss.

Citation
SUPREMACY TRADING CO LTD v. PEARL DRAGON INVESTMENTS LTD
Parties
Claimant: SUPREMACY TRADING COMPANY LIMITED; 1st Defendant: ASIAN PROPERTY INVESTMENTS LTD; 2nd Defendant: PEARL DRAGON INVESTMENTS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 December 2014
Case Number
HCSA57/2014
Procedural Posture
Small Claims Tribunal Appeal (high Court) / Decision on Leave to Appeal
Outcome
Leave to appeal granted in respect of both applications
Legal Topics
Deposit Refund, Mitigation of Loss, Acceptance of Tenancy Agreement, Leave to Appeal
Source Language
EN
Landlord and Tenant Contract Civil Procedure Deposit Refund Mitigation of Loss Acceptance of Tenancy Agreement Leave to Appeal

Case Brief

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Parties

SUPREMACY TRADING COMPANY LIMITED

Claimant

ASIAN PROPERTY INVESTMENTS LTD

1st Defendant

PEARL DRAGON INVESTMENTS LIMITED

2nd Defendant

Procedural Posture

Small Claims Tribunal Appeal (high Court) / Decision on Leave to Appeal

Legal Issues

  1. 1 Whether the Presiding Officer erred in law by failing to consider acceptance of the new tenancy agreement
  2. 2 Whether the defendant failed to mitigate loss and whether that was considered
  3. 3 Whether there is an arguable question of law sufficient to grant leave to appeal

Ratio Decidendi

The court granted leave to appeal because the applicant satisfied the onus by demonstrating arguable grounds involving questions of law, specifically errors alleged in relation to acceptance of the new tenancy agreement and consideration of mitigation of loss.

Court Disposition

Leave to appeal granted in respect of both applications

Orders

  • Leave to appeal granted for Small Claims Tribunal Appeal Nos 56 and 57 of 2014
  • Applicant permitted to amend the two application forms to replace 4 November with 5 November