CHAN YUNG SING & OTHERS v. CHOI CHUNG CHING

CHAN YUNG SING & OTHERS v. CHOI CHUNG CHING

The court found on the evidence that the Defendant had held himself out and conducted the business of an undertaker of burials at the Premises without the required licence, thereby breaching the tenancy covenants and the Government Lease; the 16 November 2002 notice sufficiently identified the complained conduct for forfeiture; forfeiture on 21 December 2002 was valid; relief against forfeiture was refused and orders for possession, assessment of damages and continuation of the injunction were granted.

Citation
CHAN YUNG SING & OTHERS v. CHOI CHUNG CHING
Parties
Landlord/trustees: Plaintiffs (landlord/trustees); Tenant/defendant: Defendant (tenant)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 May 2003
Case Number
HCA4830/2002
Procedural Posture
Landlord and Tenant Dispute (forfeiture of Tenancy and Summary Judgment) / Application for Summary Judgment and Continuation of Interlocutory Injunction
Outcome
Forfeiture upheld; summary relief granted in part — possession awarded, injunction continued, damages to be assessed; relief against forfeiture refused; costs ordered to Plaintiffs (order nisi).
Legal Topics
Forfeiture of Tenancy, Breach of Lease Covenants, Statutory Licensing (funeral Parlours/undertakers), Relief Against Forfeiture, Summary Judgment, Nuisance, Notice Requirements Under Conveyancing and Property Ordinance, Waiver
Source Language
EN
Landlord and Tenant Law Property Law Public Health Regulation Civil Procedure Injunctions Forfeiture of Tenancy Breach of Lease Covenants Statutory Licensing (funeral Parlours/undertakers) +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Plaintiffs (landlord/trustees)

Landlord/trustees

Defendant (tenant)

Tenant/defendant

Procedural Posture

Landlord and Tenant Dispute (forfeiture of Tenancy and Summary Judgment) / Application for Summary Judgment and Continuation of Interlocutory Injunction

Legal Issues

  1. 1 Whether the Defendant conducted the business of an undertaker of burials contrary to s92AB of the Public Health and Municipal Services Ordinance
  2. 2 Whether the Premises amounted to a funeral parlour or Chai Tong under relevant regulations or the Government Lease
  3. 3 Whether the Notice dated 16 November 2002 sufficiently identified the breach for forfeiture under Conveyancing and Property Ordinance s58(1)

Ratio Decidendi

The court found on the evidence that the Defendant had held himself out and conducted the business of an undertaker of burials at the Premises without the required licence, thereby breaching the tenancy covenants and the Government Lease; the 16 November 2002 notice sufficiently identified the complained conduct for forfeiture; forfeiture on 21 December 2002 was valid; relief against forfeiture was refused and orders for possession, assessment of damages and continuation of the injunction were granted.

Court Disposition

Forfeiture upheld; summary relief granted in part — possession awarded, injunction continued, damages to be assessed; relief against forfeiture refused; costs ordered to Plaintiffs (order nisi).

Orders

  • Leave given to Defendant to adduce evidence by Third Affirmation dated 23 April 2003
  • Order for possession of the Premises (building on Lot No. 964 in Demarcation District No. 26)