CHU SYMON HIN WING and CHU YUM HONG (朱蔭康) as the surviving managers of CHU NAM YUN (OR YUEN)(朱南園) suing on behalf of all members of CHU NAM YUN (OR YUEN)(朱南園) 對 羅志民及另四人

CHU SYMON HIN WING and CHU YUM HONG (朱蔭康) as the surviving managers of CHU NAM YUN (OR YUEN)(朱南園) suing on behalf of all members of CHU NAM YUN (OR YUEN)(朱南園) 對 羅志民及另四人

The 4th defendant failed to raise any arguable defence of tenancy because no evidence showed a valid lease granted by the registered owner or by anyone with actual or apparent authority; the alleged counterclaim disclosed no reasonable cause and was frivolous; summary judgment was therefore granted for the plaintiffs for vacant possession and the counterclaim was struck out.

Citation
[2025] HKDC 341
Parties
Plaintiff (manager of CHU NAM Yun): CHU SYMON HIN WING; Plaintiff (manager of CHU NAM Yun): CHU YUM KO DANIEL; Plaintiff (manager of CHU NAM Yun): CHU YUM HONG; 1st Defendant: Law Chi Man (羅志民); 2nd Defendant: Cheung Sheung (張常); 3rd Defendant: Lee Yuk Ying (李玉英); 4th Defendant: Poon Ka Chun (潘家駿); 5th Defendant (occupier): OCCUPIER(S) OF LOT NO.1180 IN DEMARCATION DISTRICT NO.11, Tai Po
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 March 2025
Case Number
DCMP4486/2021
Procedural Posture
Possession Proceeding Under District Court Rule 113 (order for Vacant Possession) / Hearing on Summary Judgment and Strike Out of Counterclaim
Outcome
Summary judgment granted for plaintiffs; 4th defendant's counterclaim struck out; vacant possession recovered.
Legal Topics
Possession of Land, Summary Judgment (order 113), Strike Out of Pleadings/counterclaim, Apparent Authority, Authority of Clan Managers to Deal With Ancestral Land
Source Language
CH
Property Civil Procedure Landlord and Tenant Agency/authority Possession of Land Summary Judgment (order 113) Strike Out of Pleadings/counterclaim Apparent Authority +1 more

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Parties

CHU SYMON HIN WING

Plaintiff (manager of CHU NAM Yun)

CHU YUM KO DANIEL

Plaintiff (manager of CHU NAM Yun)

CHU YUM HONG

Plaintiff (manager of CHU NAM Yun)

Law Chi Man (羅志民)

1st Defendant

Cheung Sheung (張常)

2nd Defendant

Lee Yuk Ying (李玉英)

3rd Defendant

Poon Ka Chun (潘家駿)

4th Defendant

OCCUPIER(S) OF LOT NO.1180 IN DEMARCATION DISTRICT NO.11, Tai Po

5th Defendant (occupier)

Procedural Posture

Possession Proceeding Under District Court Rule 113 (order for Vacant Possession) / Hearing on Summary Judgment and Strike Out of Counterclaim

Legal Issues

  1. 1 Whether 4th defendant has an arguable defence that he is a tenant
  2. 2 Whether any purported lease was valid given absence of managers of the ancestral hall between 2003-2018
  3. 3 Whether any person relied on by defendant had actual or apparent authority to grant a lease

Ratio Decidendi

The 4th defendant failed to raise any arguable defence of tenancy because no evidence showed a valid lease granted by the registered owner or by anyone with actual or apparent authority; the alleged counterclaim disclosed no reasonable cause and was frivolous; summary judgment was therefore granted for the plaintiffs for vacant possession and the counterclaim was struck out.

Court Disposition

Summary judgment granted for plaintiffs; 4th defendant's counterclaim struck out; vacant possession recovered.

Orders

  • Grant summary judgment for plaintiffs and order recovery of vacant possession of the property (LOT NO.1180 in Demarcation District No.11)
  • Strike out the 4th defendant's counterclaim