John Willimott v. South Harbour Properties Ltd.

John Willimott v. South Harbour Properties Ltd.

Rule 18 was inapplicable because the applicant failed to identify a point of law within the Tribunal's jurisdiction for preliminary determination and sought a substantive declaration on affidavit; the late Notice of Opposition could not be considered, therefore the summons was dismissed.

Citation
John Willimott v. South Harbour Properties Ltd.
Parties
Applicant (tenant): John Willimott; Respondent (landlord): South Harbour Properties Limited
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
8 May 2001
Case Number
LDNT81/2001
Procedural Posture
New Tenancy Application (lands Tribunal) / Application for Preliminary Issue Under Rule 18 Heard; Summons Dismissed
Outcome
Summons under Rule 18 dismissed
Legal Topics
Notice of Termination (form Cr101), New Tenancy Application, Preliminary Issue (rule 18), Jurisdiction to Decide Point of Law, Procedural Timeliness (notice of Opposition)
Source Language
EN
Landlord and Tenant Tribunal Procedure Civil Procedure Notice of Termination (form Cr101) New Tenancy Application Preliminary Issue (rule 18) Jurisdiction to Decide Point of Law Procedural Timeliness (notice of Opposition)

Case Brief

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Parties

John Willimott

Applicant (tenant)

South Harbour Properties Limited

Respondent (landlord)

Procedural Posture

New Tenancy Application (lands Tribunal) / Application for Preliminary Issue Under Rule 18 Heard; Summons Dismissed

Legal Issues

  1. 1 Whether Rule 18 of the Lands Tribunal Rules applies to permit a preliminary hearing of the issue raised by the applicant
  2. 2 Whether the applicant identified a point of law within the Tribunal's jurisdiction for preliminary determination
  3. 3 Whether the out-of-time Notice of Opposition may be considered for the Rule 18 application

Ratio Decidendi

Rule 18 was inapplicable because the applicant failed to identify a point of law within the Tribunal's jurisdiction for preliminary determination and sought a substantive declaration on affidavit; the late Notice of Opposition could not be considered, therefore the summons was dismissed.

Court Disposition

Summons under Rule 18 dismissed

Orders

  • Summons dismissed with costs to the Respondent to be taxed if not agreed