CHAN WING NAM v. CHAN KWOK LING AND OTHERS

CHAN WING NAM v. CHAN KWOK LING AND OTHERS

The 2nd Tenancy Agreement was void for mistake as the clause obliging the defendants to pay gas charges was an obvious and operative mistake that the plaintiff ought to have noticed; extrinsic evidence was admissible to show no valid contract in respect of that term, therefore the plaintiff cannot recover the gas charges or miscellaneous sums under the void agreement.

Citation
CHAN WING NAM v. CHAN KWOK LING AND OTHERS
Parties
Plaintiff: CHAN WING NAM; 1st Defendant: CHAN KWOK LING; 2nd Defendant: CHAN YING; 3rd Defendant: LEE KIT MAN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 June 2007
Case Number
DCCJ1588/2006
Procedural Posture
Tenancy Dispute (civil) / Judgment at Trial
Outcome
Plaintiff's claims dismissed
Legal Topics
Parol Evidence Rule, Mistake as to Terms, Tenancy Agreement, Void for Mistake, Costs
Source Language
EN
Contract Law Property Law Landlord and Tenant Parol Evidence Rule Mistake as to Terms Tenancy Agreement Void for Mistake Costs

Case Brief

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Parties

CHAN WING NAM

Plaintiff

CHAN KWOK LING

1st Defendant

CHAN YING

2nd Defendant

LEE KIT MAN

3rd Defendant

Procedural Posture

Tenancy Dispute (civil) / Judgment at Trial

Legal Issues

  1. 1 Whether the 2nd Tenancy Agreement was enforceable or void for mistake
  2. 2 Whether the defendants were liable to reimburse gas charges under the 2nd Tenancy Agreement
  3. 3 Whether extrinsic/parol evidence could be admitted to show no contract or mistake

Ratio Decidendi

The 2nd Tenancy Agreement was void for mistake as the clause obliging the defendants to pay gas charges was an obvious and operative mistake that the plaintiff ought to have noticed; extrinsic evidence was admissible to show no valid contract in respect of that term, therefore the plaintiff cannot recover the gas charges or miscellaneous sums under the void agreement.

Court Disposition

Plaintiff's claims dismissed

Orders

  • All claims of the Plaintiff are dismissed
  • Order Nisi that the Plaintiff pay the costs of the 1st, 2nd and 3rd Defendants to be taxed if not agreed