TSANG TIN SAU AND ANOTHER v. TSOI LAWRENCE CHIK SANG

TSANG TIN SAU AND ANOTHER v. TSOI LAWRENCE CHIK SANG

Defendant had parted with or shared possession of the cockloft with China Master trading as Hong Kong Wine Club and displayed its signboard, breaching clauses 5(w) and 5(v); the May 14 letter giving notice to stop unlawful acts and referring to damages satisfied section 58 CPO in the circumstances; therefore summary...

Source-derived case information.

Citation
TSANG TIN SAU AND ANOTHER v. TSOI LAWRENCE CHIK SANG
Parties
Landlord: Plaintiffs; Tenant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 May 2011
Case Number
HCA1245/2010
Procedural Posture
Landlord and Tenant Possession/forfeiture / Appeal From Master\u2019s Decisions (challenge to Summary Judgment for Possession and Damages; Challenge to Costs Assessment)
Outcome
Appeal dismissed; decisions of the Master affirmed; Plaintiffs awarded costs of the appeal.
Legal Topics
Forfeiture, Possession, Summary Judgment, Section 58 CPO, Signboards, Subletting, Waiver, Costs Assessment
Source Language
en
Property Conveyancing Contract Civil Procedure Forfeiture Possession Summary Judgment Section 58 CPO +4 more

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Parties

Plaintiffs

Landlord

Defendant

Tenant

Procedural Posture

Landlord and Tenant Possession/forfeiture / Appeal From Master\u2019s Decisions (challenge to Summary Judgment for Possession and Damages; Challenge to Costs Assessment)

Legal Issues

  1. 1 Whether the tenant parted with or shared possession of part of the demised premises in breach of the tenancy
  2. 2 Whether display of signboard breached express covenant
  3. 3 Whether the May 14 letter complied with section 58 of the Conveyancing and Property Ordinance

Ratio Decidendi

Defendant had parted with or shared possession of the cockloft with China Master trading as Hong Kong Wine Club and displayed its signboard, breaching clauses 5(w) and 5(v); the May 14 letter giving notice to stop unlawful acts and referring to damages satisfied section 58 CPO in the circumstances; therefore summary judgment for possession and damages and the Master's decision on costs are upheld and the appeal is dismissed.

Court Disposition

Appeal dismissed; decisions of the Master affirmed; Plaintiffs awarded costs of the appeal.

Orders

  • Appeal dismissed
  • Master\u2019s summary judgment for possession and award of damages to Plaintiffs affirmed (damages to be assessed)