ONG AI MOI AND ANOTHER v. CHAN CHI SHING AND OTHERS

ONG AI MOI AND ANOTHER v. CHAN CHI SHING AND OTHERS

The judge found the tenancy had expired and the defendants had no valid basis to occupy the property, the expiry did not need to be pleaded in a trespass claim, and the proposed grounds did not show a reasonable prospect of success; accordingly leave to appeal and a stay of execution were refused.

Citation
ONG AI MOI AND ANOTHER v. CHAN CHI SHING AND OTHERS
Parties
Plaintiff; 3rd Defendant (counterclaim): ONG AI MOI; Plaintiff; 3rd Defendant (counterclaim): TAN MARY; 1st Defendant: CHAN CHI SHING; 2nd Defendant; 1st Plaintiff (counterclaim): SIT HING WAH; 3rd Defendant; 2nd Plaintiff (counterclaim): HONG KONG HEALTH CARE ASSOCIATION ON AGING LIMITED; 2nd Defendant (counterclaim): KAN KIT
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 November 2010
Case Number
DCCJ6584/2002
Procedural Posture
Civil Action Possession/trespass / Application for Leave to Appeal and Stay of Execution Following Summary Judgment and Order of Possession
Outcome
Application for leave to appeal dismissed; application for stay of execution dismissed; costs to the plaintiffs with certificate for counsel; order absolute.
Legal Topics
Trespass, Tenancy Agreement, Summary Judgment, Leave to Appeal, Stay of Execution, Pleading
Source Language
EN
Civil Property Appeals Civil Procedure Costs Trespass Tenancy Agreement Summary Judgment +3 more

Case Brief

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Parties

ONG AI MOI

Plaintiff; 3rd Defendant (counterclaim)

TAN MARY

Plaintiff; 3rd Defendant (counterclaim)

CHAN CHI SHING

1st Defendant

SIT HING WAH

2nd Defendant; 1st Plaintiff (counterclaim)

HONG KONG HEALTH CARE ASSOCIATION ON AGING LIMITED

3rd Defendant; 2nd Plaintiff (counterclaim)

KAN KIT

2nd Defendant (counterclaim)

Procedural Posture

Civil Action Possession/trespass / Application for Leave to Appeal and Stay of Execution Following Summary Judgment and Order of Possession

Legal Issues

  1. 1 Whether to grant leave to appeal against summary judgment and order of possession
  2. 2 Whether expiry of the tenancy agreement affected the trespass claim and required amendment to pleadings
  3. 3 Whether the plaintiffs relied on a new cause of action accruing after the writ

Ratio Decidendi

The judge found the tenancy had expired and the defendants had no valid basis to occupy the property, the expiry did not need to be pleaded in a trespass claim, and the proposed grounds did not show a reasonable prospect of success; accordingly leave to appeal and a stay of execution were refused.

Court Disposition

Application for leave to appeal dismissed; application for stay of execution dismissed; costs to the plaintiffs with certificate for counsel; order absolute.

Orders

  • Dismissed application for leave to appeal by the 2nd and 3rd defendants
  • Dismissed application for a stay of execution