HANG LUNG REAL ESTATE AGENCY LTD AND ANOTHER v. DU WIN GARMENTS CO LTD AND ANOTHER

HANG LUNG REAL ESTATE AGENCY LTD AND ANOTHER v. DU WIN GARMENTS CO LTD AND ANOTHER

Court held Hang Lung had capacity to sue in its own name; Becky Tang, having signed the tenancy agreement as surety, was liable because no sufficient evidence of misrepresentation, undue influence or mistake was proved; tenancy was terminated by acceptance of repudiation in early March 2006; damages were assessed, deposit forfeiture given credit against damages, interest and costs ordered accordingly.

Citation
HANG LUNG REAL ESTATE AGENCY LTD AND ANOTHER v. DU WIN GARMENTS CO LTD AND ANOTHER
Parties
1st Plaintiff: Hang Lung Real Estate Agency Limited; 2nd Plaintiff: Glory View Properties Limited; 1st Defendant: Du Win Garments Company Limited; 2nd Defendant: Tang Pik Kee (Becky Tang)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 June 2008
Case Number
DCCJ3212/2006
Procedural Posture
Civil Landlord and Tenant / Contract / Suretyship / Judgment (district Court)
Outcome
Judgment for plaintiffs Hang Lung Real Estate Agency Limited and Glory View Properties Limited against Du Win Garments Company Limited (liquidated) and Tang Pik Kee (Becky Tang); interlocutory judgment for arrears affirmed and damages awarded.
Legal Topics
Capacity to Sue by Agent, Termination for Repudiation, Liability of Surety, Misrepresentation, Undue Influence, Mistake, Mitigation of Damages, Forfeiture of Deposit, Interest, Costs
Source Language
EN
Contract Landlord and Tenant Suretyship / Guarantee Equity Civil Procedure Capacity to Sue by Agent Termination for Repudiation Liability of Surety +7 more

Case Brief

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Parties

Hang Lung Real Estate Agency Limited

1st Plaintiff

Glory View Properties Limited

2nd Plaintiff

Du Win Garments Company Limited

1st Defendant

Tang Pik Kee (Becky Tang)

2nd Defendant

Procedural Posture

Civil Landlord and Tenant / Contract / Suretyship / Judgment (district Court)

Legal Issues

  1. 1 Whether Hang Lung had capacity to sue as agent and/or principal
  2. 2 Whether the surety clause rendered Becky Tang liable
  3. 3 Whether the tenancy was validly surrendered or terminated by acceptance of repudiation and when

Ratio Decidendi

Court held Hang Lung had capacity to sue in its own name; Becky Tang, having signed the tenancy agreement as surety, was liable because no sufficient evidence of misrepresentation, undue influence or mistake was proved; tenancy was terminated by acceptance of repudiation in early March 2006; damages were assessed, deposit forfeiture given credit against damages, interest and costs ordered accordingly.

Court Disposition

Judgment for plaintiffs Hang Lung Real Estate Agency Limited and Glory View Properties Limited against Du Win Garments Company Limited (liquidated) and Tang Pik Kee (Becky Tang); interlocutory judgment for arrears affirmed and damages awarded.

Orders

  • Interlocutory judgment dated 16 August 2006 for Du Win to pay HK$71,807.86 being arrears of rent, management fee and rates for 1 Jan 2006 to 28 Feb 2006 with contractual interest as ordered
  • Judgment that Du Win and Becky Tang pay plaintiffs damages in the sum of HK$305,963.69 with interest at the judgment rate from date of writ until payment