WU KWAN OI v. IP YICK CHI

WU KWAN OI v. IP YICK CHI

The respondent failed to discharge the onus of proving by a preponderance of evidence that the additional premises were required for her occupation and that no suitable alternative accommodation existed; given the undisputed facts and the colony's acute housing shortage the Tribunal's grant could not be sustained, so the appeal is allowed and the Tribunal's order reversed.

Citation
WU KWAN OI v. IP YICK CHI
Parties
Appellant (opponent): Wu Kwan Oi; Respondent (applicant): Ip Yick Chi
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 January 1947
Case Number
DCMP38/1946
Procedural Posture
Appeal From Tenancy Tribunal / Judgment on Appeal
Outcome
Appeal allowed; order of the Tribunal reversed.
Legal Topics
Recovery of Possession, Requirement for Landlord Occupation, Notice to Leave, Onus of Proof, Accommodation Suitability, Health and Family Considerations
Source Language
EN
Tenancy Landlord and Tenant Housing Law Public Health Considerations Recovery of Possession Requirement for Landlord Occupation Notice to Leave Onus of Proof +2 more

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Parties

Wu Kwan Oi

Appellant (opponent)

Ip Yick Chi

Respondent (applicant)

Procedural Posture

Appeal From Tenancy Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the landlord (respondent) was entitled to recover premises for occupation as a residence for herself
  2. 2 Whether alternative suitable accommodation was available to the landlord
  3. 3 Whether a separate residence may be granted for a child under 18

Ratio Decidendi

The respondent failed to discharge the onus of proving by a preponderance of evidence that the additional premises were required for her occupation and that no suitable alternative accommodation existed; given the undisputed facts and the colony's acute housing shortage the Tribunal's grant could not be sustained, so the appeal is allowed and the Tribunal's order reversed.

Court Disposition

Appeal allowed; order of the Tribunal reversed.

Orders

  • Appellant to pay all arrears of rent forthwith.
  • Costs of appeal fixed at $150 awarded to the appellants.