IP MING KIN v. WONG SIU LAN

IP MING KIN v. WONG SIU LAN

The court found Wong repudiated the Tenancy Agreement by imposing an alteration restriction not incorporated in the written agreement and preventing delivery of vacant possession; the Compensation Provision was to be construed as double the 12 months' rent and represented a valid liquidated damages clause not a penalty; Ip therefore was entitled to HK$207,600; Wong's counterclaims failed except for nominal damages for wrongful lis pendens registration (HK$100); costs were awarded largely to Ip (95%).

Citation
IP MING KIN v. WONG SIU LAN
Parties
Plaintiff (landlord): Ip Ming Kin; Defendant (tenant): Wong Siu Lan
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 March 2012
Case Number
DCCJ1236/2010
Procedural Posture
Civil Tenancy and Contract Dispute / Judgment of District Court
Outcome
Judgment for plaintiff Ip Ming Kin against defendant Wong Siu Lan; judgment on counterclaim in favour of defendant in nominal sum.
Legal Topics
Tenancy Agreement, Repudiation, Liquidated Damages Vs Penalty, Slander of Title / Lis Pendens, Agency Commission
Source Language
EN
Contract Property Tort Land Registration Tenancy Agreement Repudiation Liquidated Damages Vs Penalty Slander of Title / Lis Pendens +1 more

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Parties

Ip Ming Kin

Plaintiff (landlord)

Wong Siu Lan

Defendant (tenant)

Procedural Posture

Civil Tenancy and Contract Dispute / Judgment of District Court

Legal Issues

  1. 1 Whether tenant or landlord was obliged to sign a provisional tenancy agreement
  2. 2 Whether an oral alteration restriction binding on the tenant existed
  3. 3 Which party repudiated the tenancy agreement

Ratio Decidendi

The court found Wong repudiated the Tenancy Agreement by imposing an alteration restriction not incorporated in the written agreement and preventing delivery of vacant possession; the Compensation Provision was to be construed as double the 12 months' rent and represented a valid liquidated damages clause not a penalty; Ip therefore was entitled to HK$207,600; Wong's counterclaims failed except for nominal damages for wrongful lis pendens registration (HK$100); costs were awarded largely to Ip (95%).

Court Disposition

Judgment for plaintiff Ip Ming Kin against defendant Wong Siu Lan; judgment on counterclaim in favour of defendant in nominal sum.

Orders

  • Judgment for the plaintiff in the sum of HK$207,600
  • Judgment on the counterclaim for the defendant in the sum of HK$100 (nominal damages)