SHUM FONG v. WONG PIT HING

SHUM FONG v. WONG PIT HING

The court held that in the present acute housing shortage a Tribunal may require a reduced quantum of evidence of inability to find suitable accommodation; there was sufficient evidence on which the Tribunal could find no suitable alternative accommodation and therefore the Tribunal's eviction order should not be wholly reversed but varied to eviction from a portion of the premises with conditions (arrears and mesne profits to be paid, parties to agree portion and proportionate rent).

Citation
SHUM FONG v. WONG PIT HING
Parties
Appellant (opponent): Shum Fong; Respondent (applicant): Wong Pit Hing
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 October 1946
Case Number
DCMP34/1946
Procedural Posture
Tenancy Tribunal Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; Tribunal order varied to eviction from a portion of the premises; matter adjourned to allow parties to agree portion; conditions imposed including payment of arrears and mesne profits; no order as to costs.
Legal Topics
Eviction, Possession, Tenancy, Res Judicata, Evidence of Alternative Accommodation, Judicial Notice, Settlement/partition of Premises
Source Language
EN
Landlord and Tenant Housing Property Law Civil Procedure Eviction Possession Tenancy Res Judicata +3 more

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Parties

Shum Fong

Appellant (opponent)

Wong Pit Hing

Respondent (applicant)

Procedural Posture

Tenancy Tribunal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether there was sufficient evidence that no other suitable accommodation was available to the landlord under paragraph 1A(1) of Article 5 of the Proclamation
  2. 2 Whether the Tribunal was influenced by irrelevant matters or evidence and made findings unsupported by evidence (bona fide tenancy, wrongful entry)
  3. 3 Whether plea of res judicata was properly considered

Ratio Decidendi

The court held that in the present acute housing shortage a Tribunal may require a reduced quantum of evidence of inability to find suitable accommodation; there was sufficient evidence on which the Tribunal could find no suitable alternative accommodation and therefore the Tribunal's eviction order should not be wholly reversed but varied to eviction from a portion of the premises with conditions (arrears and mesne profits to be paid, parties to agree portion and proportionate rent).

Court Disposition

Appeal allowed in part; Tribunal order varied to eviction from a portion of the premises; matter adjourned to allow parties to agree portion; conditions imposed including payment of arrears and mesne profits; no order as to costs.

Orders

  • No order as to costs