CHUN SUE KWAN v. SKY HARVEST LTD AND ANOTHER

CHUN SUE KWAN v. SKY HARVEST LTD AND ANOTHER

The court found that Madam Ching did represent that a common toilet was available and that the Plaintiff, by conduct (allowing agent to negotiate and represent her), clothed Madam Ching with ostensible authority; the 1st Defendant validly rescinded for misrepresentation under s.3; the 1st Defendant was entitled to...

Source-derived case information.

Citation
CHUN SUE KWAN v. SKY HARVEST LTD AND ANOTHER
Parties
Plaintiff: Chun Sue Kwan; 1st Defendant: Sky Harvest Limited; 2nd Defendant: Simeon H.Y. Huang
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 March 2007
Case Number
DCCJ6027/2004
Procedural Posture
Civil Tenancy Dispute / Judgment (district Court)
Outcome
Plaintiff's claim dismissed; judgment entered for 1st Defendant on counterclaim for $77,992.5; orders for interest and costs nisi; 2nd Defendant not made liable or improperly joined for subletting
Legal Topics
Misrepresentation, Rescission, Ostensible Authority, Damages, Mesne Profits, Tenancy Agreement, Pleading Requirements
Source Language
en
Contract Tort Property Agency Civil Procedure Misrepresentation Rescission Ostensible Authority +4 more

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Parties

Chun Sue Kwan

Plaintiff

Sky Harvest Limited

1st Defendant

Simeon H.Y. Huang

2nd Defendant

Procedural Posture

Civil Tenancy Dispute / Judgment (district Court)

Legal Issues

  1. 1 Whether agent (Madam Ching) made representation about toilet availability
  2. 2 Whether Madam Ching had actual or ostensible authority to make that representation on behalf of the Plaintiff
  3. 3 Whether the 1st Defendant validly rescinded the tenancy for misrepresentation and whether right of rescission was lost by continued occupation

Ratio Decidendi

The court found that Madam Ching did represent that a common toilet was available and that the Plaintiff, by conduct (allowing agent to negotiate and represent her), clothed Madam Ching with ostensible authority; the 1st Defendant validly rescinded for misrepresentation under s.3; the 1st Defendant was entitled to recover reasonable moving and fitting-out expenses subject to disallowance of speculative business losses and a 25% discount for the nine months' productive use, less credit for mesne profits and deposits, resulting in judgment for the 1st Defendant for $77,992.5 plus interest and costs.

Court Disposition

Plaintiff's claim dismissed; judgment entered for 1st Defendant on counterclaim for $77,992.5; orders for interest and costs nisi; 2nd Defendant not made liable or improperly joined for subletting

Orders

  • Judgment for 1st Defendant on counterclaim in the sum of $77,992.5 HKD
  • Interest on that sum at 10.934% per annum from 16 November 2004 to date of judgment and thereafter at judgment rate