TSUEI SHENG CHEN AND OTHERS v. UEI KA YEE GRACE

TSUEI SHENG CHEN AND OTHERS v. UEI KA YEE GRACE

The defendant was a gratuitous occupant under a bare licence which the plaintiffs validly terminated by notice; the defendant failed to establish any arguable legal or equitable interest or genuine triable issue to resist summary judgment for recovery of vacant possession; accordingly the court granted summary judgment ordering delivery of vacant possession within 35 days, refused to strike out the plaintiffs' remaining causes of action, dismissed the defendant's summonses (including leave to adduce the late D 5th Aff) and ordered costs to follow the event.

Citation
[2018] HKCFI 2790
Parties
1st Plaintiff (father): Tsuei Sheng Chen; 2nd Plaintiff (mother): Ng Kwok Chun alias Tsuei Ng Kwok Chun; Defendant (daughter): Tsuei Ka Yee Grace
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 December 2018
Case Number
HCA3388/2016
Procedural Posture
Civil Proprietary Possession, Injunctions and Tort (assault/trespass) / Interlocutory Hearings: Summary Judgment Application, Strike Out Application and Related Interlocutory Summonses
Outcome
Parents' summons for summary judgment in respect of vacant possession granted; defendant's summonses (to strike out, to discharge injunction and for leave to adduce D5th Aff) dismissed; ex parte/continued injunctions remain in force pending judgment or further order; other claims reserved for trial.
Legal Topics
Eviction, Vacant Possession, Bare Licence, Summary Judgment (order 14), Interim Injunctions, Striking Out (order 18 R.19), Trespass to Person, Gratuitous Promises, Costs
Source Language
EN
Property Law Civil Procedure Equity Tort Family Law Eviction Vacant Possession Bare Licence +6 more

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Parties

Tsuei Sheng Chen

1st Plaintiff (father)

Ng Kwok Chun alias Tsuei Ng Kwok Chun

2nd Plaintiff (mother)

Tsuei Ka Yee Grace

Defendant (daughter)

Procedural Posture

Civil Proprietary Possession, Injunctions and Tort (assault/trespass) / Interlocutory Hearings: Summary Judgment Application, Strike Out Application and Related Interlocutory Summonses

Legal Issues

  1. 1 Whether defendant had any legal or equitable interest in the property or was merely a bare licensee revocable at will
  2. 2 Whether summary judgment was appropriate to order delivery of vacant possession
  3. 3 Whether the statement of claim should be struck out as frivolous or disclosing no reasonable cause of action

Ratio Decidendi

The defendant was a gratuitous occupant under a bare licence which the plaintiffs validly terminated by notice; the defendant failed to establish any arguable legal or equitable interest or genuine triable issue to resist summary judgment for recovery of vacant possession; accordingly the court granted summary judgment ordering delivery of vacant possession within 35 days, refused to strike out the plaintiffs' remaining causes of action, dismissed the defendant's summonses (including leave to adduce the late D 5th Aff) and ordered costs to follow the event.

Court Disposition

Parents' summons for summary judgment in respect of vacant possession granted; defendant's summonses (to strike out, to discharge injunction and for leave to adduce D5th Aff) dismissed; ex parte/continued injunctions remain in force pending judgment or further order; other claims reserved for trial.

Orders

  • Order that defendant deliver vacant possession of Flat C, 8th Floor, Miami Mansion, Nos 13 and 15 Cleveland Street, Hong Kong to the plaintiffs within 35 days from date of order
  • Dismiss the defendant's summons to strike out and to dismiss the statement of claim