WONG CHUN CHOI also known as WONG CHEUN CHOI AND OTHERS v. MAK TAK SUM, also known as MAN SUM

WONG CHUN CHOI also known as WONG CHEUN CHOI AND OTHERS v. MAK TAK SUM, also known as MAN SUM

The court granted leave to amend the summons but refused the declaratory relief sought as unnecessary and kept the wording of clause 3.2 in the lease identical to clause 3.2 of the settlement agreement, holding that the settlement wording best reflected the parties' intention; the court ordered specific performance steps (execution and registration of Deed Poll and lease and delivery to defendant's solicitors by 20 Jan 2017) and allocated costs: defendant to pay the plaintiffs' costs of the amendment application, plaintiffs to pay the defendant's costs of the hearing before the court (approx. 1 hour), with both sets of costs to be summarily assessed on papers.

Citation
WONG CHUN CHOI also known as WONG CHEUN CHOI AND OTHERS v. MAK TAK SUM, also known as MAN SUM
Parties
1st Plaintiff: WONG CHUN CHOI (also known as WONG CHEUN CHOI); 2nd Plaintiff: WONG TIM CHOI; 3rd Plaintiff: WONG WAI CHOI; 4th Plaintiff: WONG FU CHOI; 5th Plaintiff: WONG TING FONG; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 December 2016
Case Number
DCCJ3902/2013
Procedural Posture
Civil Action Rent, Possession and Lease Enforcement / Interlocutory Hearing of Summonses (amendment Application and Enforcement of Tomlin Order)
Outcome
Amendment summons allowed; amended summons partly granted (declaration refused as unnecessary); orders made for execution and registration of Deed Poll and for execution and delivery of lease; costs allocated between parties.
Legal Topics
Lease, Forfeiture, Tomlin Order, Settlement Agreement Interpretation, Costs
Source Language
EN
Land Law Contract Law Civil Procedure Lease Forfeiture Tomlin Order Settlement Agreement Interpretation Costs

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Parties

WONG CHUN CHOI (also known as WONG CHEUN CHOI)

1st Plaintiff

WONG TIM CHOI

2nd Plaintiff

WONG WAI CHOI

3rd Plaintiff

WONG FU CHOI

4th Plaintiff

WONG TING FONG

5th Plaintiff

Defendant

Defendant

Procedural Posture

Civil Action Rent, Possession and Lease Enforcement / Interlocutory Hearing of Summonses (amendment Application and Enforcement of Tomlin Order)

Legal Issues

  1. 1 Whether the lease to be executed is limited to terms in the settlement agreement/schedule
  2. 2 Whether the defendant could amend clause 3.2 to avoid forfeiture for breaches of the government lease
  3. 3 Proper construction of 'existing structures' and the relevant date for that phrase

Ratio Decidendi

The court granted leave to amend the summons but refused the declaratory relief sought as unnecessary and kept the wording of clause 3.2 in the lease identical to clause 3.2 of the settlement agreement, holding that the settlement wording best reflected the parties' intention; the court ordered specific performance steps (execution and registration of Deed Poll and lease and delivery to defendant's solicitors by 20 Jan 2017) and allocated costs: defendant to pay the plaintiffs' costs of the amendment application, plaintiffs to pay the defendant's costs of the hearing before the court (approx. 1 hour), with both sets of costs to be summarily assessed on papers.

Court Disposition

Amendment summons allowed; amended summons partly granted (declaration refused as unnecessary); orders made for execution and registration of Deed Poll and for execution and delivery of lease; costs allocated between parties.

Orders

  • Leave granted to amend the summons as per the draft amended summons.
  • Plaintiffs to execute and procure Wong Pui Yin (executrix of the 5th plaintiff's estate) to execute a Deed Poll in terms of the draft with Land Boundary Plan and register the Deed Poll in the Land Registry on or before 20 Jan 2017.