LEUNG KIT CHU v. POON SAU KWAN

LEUNG KIT CHU v. POON SAU KWAN

Defendant's strike out application dismissed; on summary judgment the plaintiff proved existence of a written tenancy (1st Tenancy Agreement) and a subsequent monthly tenancy (2nd Tenancy Agreement) and showed contemporaneous documentary and bank evidence that made the defendant's denials incredible; defendant had no real or bona fide defence and final judgment entered for plaintiff for vacant possession, arrears, mesne profits, costs and interest.

Citation
LEUNG KIT CHU v. POON SAU KWAN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 February 2014
Case Number
DCCJ2645/2013
Procedural Posture
Landlord and Tenant Dispute; Possession and Rent / Chambers Hearing on Summons for Striking Out and Summary Judgment
Outcome
Defendant's application to strike out dismissed; final judgment entered for plaintiff on summary judgment.
Legal Topics
Summary Judgment, Striking Out, Mesne Profits, Vacant Possession, Estoppel, Adverse Possession, Costs and Interest
Source Language
EN
Landlord and Tenant Civil Procedure Property Trusts and Estates Summary Judgment Striking Out Mesne Profits Vacant Possession +3 more

Case Brief

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Procedural Posture

Landlord and Tenant Dispute; Possession and Rent / Chambers Hearing on Summons for Striking Out and Summary Judgment

Legal Issues

  1. 1 Whether the Statement of Claim discloses a reasonable cause of action
  2. 2 Whether the plaintiff has title or locus to sue as landlord
  3. 3 Whether the 1st written tenancy and the oral monthly (2nd) tenancy existed

Ratio Decidendi

Defendant's strike out application dismissed; on summary judgment the plaintiff proved existence of a written tenancy (1st Tenancy Agreement) and a subsequent monthly tenancy (2nd Tenancy Agreement) and showed contemporaneous documentary and bank evidence that made the defendant's denials incredible; defendant had no real or bona fide defence and final judgment entered for plaintiff for vacant possession, arrears, mesne profits, costs and interest.

Court Disposition

Defendant's application to strike out dismissed; final judgment entered for plaintiff on summary judgment.

Orders

  • Defendant to deliver vacant possession of the Staircase Shop, 168 Shau Kei Wan Road, Hong Kong to the plaintiff
  • Defendant to pay arrears of rent for period 1 January 2013 to 30 June 2013 in the sum of HK$8,400