CHIU MING KIANG v. WILLIAM LEE SHUNG

CHIU MING KIANG v. WILLIAM LEE SHUNG

Filing a Part IV application within statutory time limits does not estop an unrepresented applicant from disputing classification; on statutory construction Section 50(6)(o) excludes from Part IV any new tenancy where the tenant was already in possession on or before 10 June 1983 even if that possession was as a sub-tenant of part only of the premises; accordingly the premises are Part II and the Tribunal lacks jurisdiction under Part IV, so the Part IV application is dismissed.

Citation
CHIU MING KIANG v. WILLIAM LEE SHUNG
Parties
Applicant/tenant: CHIU MING KIANG; Respondent/landlord: WILLIAM LEE SHUNG
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
23 March 1990
Case Number
LDLA4806/1989
Procedural Posture
Lands Tribunal Application for New Tenancy (part Iv) / Judgment
Outcome
Application for new Part IV tenancy dismissed for lack of jurisdiction; premises held to be Part II and applicant entitled to remain in possession at existing rent
Legal Topics
Part II Vs Part IV Classification, Section 50(6)(o) Interpretation, Estoppel and Waiver, Time Limits Under Section 119 D, Jurisdiction of Lands Tribunal, Presiding Officer Duties for Unrepresented Parties
Source Language
EN
Property Law Landlord and Tenant Statutory Interpretation Procedure Administrative/tribunal Law Part II Vs Part IV Classification Section 50(6)(o) Interpretation Estoppel and Waiver +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

CHIU MING KIANG

Applicant/tenant

WILLIAM LEE SHUNG

Respondent/landlord

Procedural Posture

Lands Tribunal Application for New Tenancy (part Iv) / Judgment

Legal Issues

  1. 1 Whether applicant is estopped or has waived right to dispute classification by filing a Part IV application
  2. 2 Whether Section 50(6)(o) excludes premises from Part IV where the tenant was in possession before 10 June 1983 as a sub-tenant of part only of the premises
  3. 3 Whether the Lands Tribunal has jurisdiction to grant a Part IV new tenancy in these circumstances

Ratio Decidendi

Filing a Part IV application within statutory time limits does not estop an unrepresented applicant from disputing classification; on statutory construction Section 50(6)(o) excludes from Part IV any new tenancy where the tenant was already in possession on or before 10 June 1983 even if that possession was as a sub-tenant of part only of the premises; accordingly the premises are Part II and the Tribunal lacks jurisdiction under Part IV, so the Part IV application is dismissed.

Court Disposition

Application for new Part IV tenancy dismissed for lack of jurisdiction; premises held to be Part II and applicant entitled to remain in possession at existing rent

Orders

  • Application dismissed for want of jurisdiction under Part IV
  • Applicant entitled to remain in possession at the existing rent subject to respondent's Part II statutory rights as to rent and possession