TSOI HAK KONG HERBERT v. KOK WAI CHUN AND ANOTHER

TSOI HAK KONG HERBERT v. KOK WAI CHUN AND ANOTHER

The court accepted the third party's account and rejected the defence witness; there was no proven rent-reduction agreement binding the plaintiff and the third party did not have authority to bind the estate. Defendants remained liable for rent at HKD 220,000 per month; judgment for the plaintiff for HKD 2,000,000...

Source-derived case information.

Citation
TSOI HAK KONG HERBERT v. KOK WAI CHUN AND ANOTHER
Parties
Administrator Pendente Lite in Respect of the Estate of Chu Yee (or Yu) Junk (or Tsang): Tsoi Hak Kong Herbert; Former Tenants: Defendants (Sun Chiu Kee partnership / unnamed tenants); Third Party / Alleged Representative of Owner: Third Party (Mrs Chu, lawfully wedded wife of the deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 May 2009
Case Number
HCA4/2006
Procedural Posture
Landlord and Tenant Action for Rent Recovery and Third Party Claim for Warranty of Authority/misrepresentation / Judgment at Trial (court of First Instance)
Outcome
Judgment for the plaintiff against the defendants for HKD 1,287,500; third party claim dismissed; costs to follow the event
Legal Topics
Rent Arrears, Oral Agreement, Authority and Warranty of Authority, Misrepresentation, Credibility of Witnesses, Costs
Source Language
en
Landlord and Tenant Contract Estate Administration Agency Civil Procedure Evidence Rent Arrears Oral Agreement +4 more

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Parties

Tsoi Hak Kong Herbert

Administrator Pendente Lite in Respect of the Estate of Chu Yee (or Yu) Junk (or Tsang)

Defendants (Sun Chiu Kee partnership / unnamed tenants)

Former Tenants

Third Party (Mrs Chu, lawfully wedded wife of the deceased)

Third Party / Alleged Representative of Owner

Procedural Posture

Landlord and Tenant Action for Rent Recovery and Third Party Claim for Warranty of Authority/misrepresentation / Judgment at Trial (court of First Instance)

Legal Issues

  1. 1 Whether an oral agreement was made in April 2003 to reduce rent from $220,000 to $160,000 for two years
  2. 2 Whether the third party had authority to bind the estate/plaintiff to any rent reduction
  3. 3 Whether defendants are liable for arrears of rent and amount payable

Ratio Decidendi

The court accepted the third party's account and rejected the defence witness; there was no proven rent-reduction agreement binding the plaintiff and the third party did not have authority to bind the estate. Defendants remained liable for rent at HKD 220,000 per month; judgment for the plaintiff for HKD 2,000,000 less set-off HKD 712,500 = HKD 1,287,500. The third party claim for breach of warranty of authority and misrepresentation was dismissed. Costs awarded against the defendants to the plaintiff and to the third party.

Court Disposition

Judgment for the plaintiff against the defendants for HKD 1,287,500; third party claim dismissed; costs to follow the event

Orders

  • Judgment entered for the plaintiff against the defendants in the sum of HKD 1,287,500
  • Third party claim for breach of warranty of authority and misrepresentation dismissed