FORDTIME INDUSTRIAL LTD v. YIP SHING LAM t/a TRADITIOAL CHINESE NOODLE

FORDTIME INDUSTRIAL LTD v. YIP SHING LAM t/a TRADITIOAL CHINESE NOODLE

The review is dismissed because the Tribunal correctly found on the balance of evidence that Cockloft C had existed and its floor slab had been removed, the tenancy agreement had a sufficiently certain subject matter, the Lands Tribunal had jurisdiction under the LTCO and applicable rules, and the respondent is estopped from denying the existence of the floor slab; original orders therefore stand and costs follow the event.

Citation
FORDTIME INDUSTRIAL LTD v. YIP SHING LAM t/a TRADITIOAL CHINESE NOODLE
Parties
Applicant: Applicant; Respondent: Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
7 February 2014
Case Number
LDPE757/2012
Procedural Posture
Tenancy/possession Review Under Lands Tribunal Ordinance / Application for Review of Judgment
Outcome
Application for review dismissed; original judgment upheld.
Legal Topics
Possession, Mesne Profits, Specific Performance, Tenancy by Estoppel, Jurisdiction of Lands Tribunal, Definition of Premises, Circumstantial Evidence, Procedural Rules (form 22, Rule 68)
Source Language
EN
Landlord and Tenant Property Civil Procedure Equity (estoppel) Administrative/jurisdictional Law Possession Mesne Profits Specific Performance +5 more

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Tenancy/possession Review Under Lands Tribunal Ordinance / Application for Review of Judgment

Legal Issues

  1. 1 Whether Cockloft C and its floor slab existed at time of the tenancy agreement
  2. 2 Whether the tenancy agreement had a certain subject matter
  3. 3 Whether the Lands Tribunal had jurisdiction to adjudicate given alleged non‑existence of premises

Ratio Decidendi

The review is dismissed because the Tribunal correctly found on the balance of evidence that Cockloft C had existed and its floor slab had been removed, the tenancy agreement had a sufficiently certain subject matter, the Lands Tribunal had jurisdiction under the LTCO and applicable rules, and the respondent is estopped from denying the existence of the floor slab; original orders therefore stand and costs follow the event.

Court Disposition

Application for review dismissed; original judgment upheld.

Orders

  • Review application dismissed
  • Costs of this review to the applicant, with Certificate for Counsel, to be taxed if not agreed on party and party basis at District Court scale