ANTHONY DAVID COLLINS v. LAM KAI MING AND OTHERS

ANTHONY DAVID COLLINS v. LAM KAI MING AND OTHERS

Because s50(6) of the Landlord and Tenant (Consolidation) Ordinance excludes agricultural tenancies from vesting on death and s50(4)(c) excludes personal representatives from the protected class, no tenancy vested in the deceased tenant's estate; in any event prolonged non-payment and holding over terminated any tenancy; therefore the Registrar rightly struck out the defence and judgment for the Plaintiff was proper.

Citation
ANTHONY DAVID COLLINS v. LAM KAI MING AND OTHERS
Parties
Plaintiff: Anthony David Collins; 1st Defendant: Lam Kai Ming; 2nd Defendant: Cheung Nam; 3rd Defendant: Wong So Mei; 4th Defendant: Chan Kam; 5th Defendant: Wong Ka Wah; 6th Defendant: Chan Hon Ming; 7th Defendant: Chu Chin Ching; 8th Defendant: Kwok Kwai Fong; 9th Defendant: Li Mei Lan; 10th Defendant: ANY OTHER OCCUPIERS OF LOTS NOS. 977B R.P. AND 977 B1 BOTH IN D.D.116 YUEN LONG, NEW TERRITORIES
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 November 1999
Case Number
HCMP1375/1998
Procedural Posture
Miscellaneous Proceedings (possession) / Appeal From Registrar's Order; Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Possession, Tenancy Holding Over, Tenancy on Death of Tenant, Strike Out Under Order 14 Rule 3, Statutory Interpretation of S50 L&tc Ordinance
Source Language
EN
Landlord and Tenant Law Property Law Civil Procedure Possession Tenancy Holding Over Tenancy on Death of Tenant Strike Out Under Order 14 Rule 3 Statutory Interpretation of S50 L&tc Ordinance

Case Brief

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Parties

Anthony David Collins

Plaintiff

Lam Kai Ming

1st Defendant

Cheung Nam

2nd Defendant

Wong So Mei

3rd Defendant

Chan Kam

4th Defendant

Wong Ka Wah

5th Defendant

Chan Hon Ming

6th Defendant

Chu Chin Ching

7th Defendant

Kwok Kwai Fong

8th Defendant

Li Mei Lan

9th Defendant

ANY OTHER OCCUPIERS OF LOTS NOS. 977B R.P. AND 977 B1 BOTH IN D.D.116 YUEN LONG, NEW TERRITORIES

10th Defendant

Procedural Posture

Miscellaneous Proceedings (possession) / Appeal From Registrar's Order; Judgment on Appeal

Legal Issues

  1. 1 Whether a tenancy subsisted after the death of the tenant
  2. 2 Whether a tenancy vests in the personal representative on the tenant's death in respect of agricultural land
  3. 3 Whether non-payment of rent and holding over determined the tenancy before death

Ratio Decidendi

Because s50(6) of the Landlord and Tenant (Consolidation) Ordinance excludes agricultural tenancies from vesting on death and s50(4)(c) excludes personal representatives from the protected class, no tenancy vested in the deceased tenant's estate; in any event prolonged non-payment and holding over terminated any tenancy; therefore the Registrar rightly struck out the defence and judgment for the Plaintiff was proper.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Strike out of 1st Defendant's defence and judgment entered for Plaintiff under Order 14 rule 3