CHAN KAN AND OTHERS v. JOHNSON CHI

CHAN KAN AND OTHERS v. JOHNSON CHI

Because the affidavits raised triable issues—notably whether the plaintiffs knew of and assented to the sub‑letting and whether waiver existed—summary judgment against the alleged sub‑tenant was inappropriate; leave to defend must be granted but may be conditional where the defence appears suspicious, including by requiring payment into court to protect the landlords pending trial.

Citation
CHAN KAN AND OTHERS v. JOHNSON CHI
Parties
Plaintiff: CHAN KAN; Plaintiff: CHAN KUEN; Plaintiff: CHAN YUK; Plaintiff: CHAN SAM; Defendant (head Tenant): JOHNSON CHI; Defendant (alleged Sub Tenant): NG WAT CHUN trading as KAM FUNG DRESS SHOP
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 July 1968
Case Number
HCA435/1968
Procedural Posture
Landlord and Tenant — Possession and Rent (summary Judgment Application) / Application for Summary Judgment Under Order 14 Rule 1; Conditional Leave to Defend Ordered
Outcome
Conditional leave to defend granted to second defendant; summary judgment not entered provided payment conditions complied with; plaintiffs entitled to sign judgment in default of compliance
Legal Topics
Summary Judgment, Forfeiture, Subletting, Waiver, Leave to Defend, Conditional Payment Into Court, Tenancy Tribunal Jurisdiction, Mesne Profits
Source Language
EN
Landlord and Tenant Property Civil Procedure Contract Summary Judgment Forfeiture Subletting Waiver +4 more

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Parties

CHAN KAN

Plaintiff

CHAN KUEN

Plaintiff

CHAN YUK

Plaintiff

CHAN SAM

Plaintiff

JOHNSON CHI

Defendant (head Tenant)

NG WAT CHUN trading as KAM FUNG DRESS SHOP

Defendant (alleged Sub Tenant)

Procedural Posture

Landlord and Tenant — Possession and Rent (summary Judgment Application) / Application for Summary Judgment Under Order 14 Rule 1; Conditional Leave to Defend Ordered

Legal Issues

  1. 1 Whether summary judgment should be entered against alleged sub‑tenant
  2. 2 Whether plaintiffs waived objection to sub‑letting by conduct and whether that creates a triable right in the sub‑tenant
  3. 3 Whether the head lease created a five‑year letting excluding the premises from the Landlord and Tenant Ordinance s.3(1)(e) and the Tenancy Tribunal's jurisdiction

Ratio Decidendi

Because the affidavits raised triable issues—notably whether the plaintiffs knew of and assented to the sub‑letting and whether waiver existed—summary judgment against the alleged sub‑tenant was inappropriate; leave to defend must be granted but may be conditional where the defence appears suspicious, including by requiring payment into court to protect the landlords pending trial.

Court Disposition

Conditional leave to defend granted to second defendant; summary judgment not entered provided payment conditions complied with; plaintiffs entitled to sign judgment in default of compliance

Orders

  • Second defendant to pay into Court HK$9,600 within seven days of judgment date (23 July 1968)
  • Second defendant to pay into Court HK$2,400 per month on or before the 6th day of each succeeding month commencing August 1968 until trial