CHEUNG KAM SIM KIM, as the Sole Executrix of the estate of her late father Cheung Cheung Hing, deceased 對 張偉波

CHEUNG KAM SIM KIM, as the Sole Executrix of the estate of her late father Cheung Cheung Hing, deceased 對 張偉波

Defendant's pleaded case lacked credibility and contained materially inconsistent and late allegations not raised in the statement of defence; documentary evidence (solicitor's letter, photographs) and medical evidence undermined defendant's claim of landlord consent and personal use, so no arguable defence existed...

Source-derived case information.

Citation
[2023] HKDC 877
Parties
Plaintiff: Cheung Kam Sim Kim, as the Sole Executrix of the estate of her late father Cheung Cheung Hing, deceased; Defendant: 張偉波
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 June 2023
Case Number
DCCJ5076/2019
Procedural Posture
Order 14 Summary Judgment Application / Hearing on Summary Judgment Application
Outcome
Judgment for plaintiff
Legal Topics
Breach of Lease, Unauthorized Structures, Subletting/assignment, Summary Judgment/arguable Defence, Removal and Delivery of Vacant Possession
Source Language
ch
Contract Landlord and Tenant Property Civil Procedure Administrative (government Lease) Breach of Lease Unauthorized Structures Subletting/assignment +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Cheung Kam Sim Kim, as the Sole Executrix of the estate of her late father Cheung Cheung Hing, deceased

Plaintiff

張偉波

Defendant

Procedural Posture

Order 14 Summary Judgment Application / Hearing on Summary Judgment Application

  1. 1 Whether the defendant erected unauthorized structures in breach of clause 9 of the lease
  2. 2 Whether the defendant sublet or transferred use of the land in breach of clause 2 of the lease
  3. 3 Whether the defendant obtained the plaintiff's consent to the works

Ratio Decidendi

Defendant's pleaded case lacked credibility and contained materially inconsistent and late allegations not raised in the statement of defence; documentary evidence (solicitor's letter, photographs) and medical evidence undermined defendant's claim of landlord consent and personal use, so no arguable defence existed under Order 14 and the plaintiff was entitled to judgment ordering delivery of vacant possession and removal of the unauthorized structures within 30 days.

Court Disposition

Judgment for plaintiff

Orders

  • Defendant to deliver up possession of the vacated land to plaintiff within 30 days of this judgment
  • Defendant to remove and demolish at his own cost the five tin houses and one storeroom (unauthorized structures) forthwith and in any event within 30 days of this judgment