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

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

The respondent failed to demonstrate a reasonable prospect of success on appeal because Cockloft C, although without a floor slab, remained an identifiable physical structure agreed as the T/A subject matter, its parameters were ascertainable by expert evidence, and therefore the T/A was not void for uncertainty and an order for vacant possession was properly made and enforceable.

Citation
FORDTIME INDUSTRIAL LTD v. YIP SHING LAM t/a TRADITIONAL CHINESE NOODLE
Parties
Applicant: Applicant; Respondent: Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
23 May 2014
Case Number
LDPE757/2012
Procedural Posture
Leave to Appeal Application Under Lands Tribunal Ordinance / Decision on Application for Leave to Appeal (lands Tribunal)
Outcome
application for leave to appeal dismissed
Legal Topics
Tenancy, Possession, Specific Performance, Mesne Profits, Tenancy by Estoppel, Uncertainty of Contract Subject Matter, Enforceability of Possession Orders
Source Language
EN
Property Law Land Law Civil Procedure Appeals Tenancy Possession Specific Performance Mesne Profits +3 more

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Leave to Appeal Application Under Lands Tribunal Ordinance / Decision on Application for Leave to Appeal (lands Tribunal)

Legal Issues

  1. 1 Whether the tenancy agreement (T/A) was void or uncertain in its subject matter because the floor slab of Cockloft C was removed
  2. 2 Whether Cockloft C constituted a physical premises capable of being the subject of a tenancy and of an order for vacant possession
  3. 3 Whether an order for vacant possession of a void or indeterminate space is enforceable

Ratio Decidendi

The respondent failed to demonstrate a reasonable prospect of success on appeal because Cockloft C, although without a floor slab, remained an identifiable physical structure agreed as the T/A subject matter, its parameters were ascertainable by expert evidence, and therefore the T/A was not void for uncertainty and an order for vacant possession was properly made and enforceable.

Court Disposition

application for leave to appeal dismissed

Orders

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