景辰投資有限公司 對 楊昊翰(前名楊志源)

景辰投資有限公司 對 楊昊翰(前名楊志源)

Leave to appeal was refused because the trial judge's factual conclusion—that the defendant, after receiving the Buildings Department memorandum, by his conduct confirmed the lease—was supported by objective evidence and not plainly wrong; the proposed fresh evidence could and should have been obtained earlier and,...

Source-derived case information.

Citation
[2023] HKCA 298
Parties
Plaintiff: GAY VIEW INVESTMENT LIMITED (景辰投資有限公司); Defendant: Yang Haohan (formerly Yang Zhiyuan) 楊昊翰(前名楊志源)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
9 March 2023
Case Number
CAMP277/2022
Procedural Posture
District Court Civil Claim (lease Dispute) With Application for Leave to Appeal to Court of Appeal / Application for Leave to Appeal and Concurrent Application to Adduce New Evidence (permission Hearing)
Outcome
Application for leave to appeal refused; applications to adduce new evidence dismissed; costs awarded to plaintiff
Legal Topics
Misrepresentation, Rescission, Breach of Lease, Leave to Appeal, Admission of Fresh Evidence, Witness Credibility, Costs
Source Language
ch
Contract Landlord and Tenant Civil Procedure Evidence Building Regulation Misrepresentation Rescission Breach of Lease +4 more

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Parties

GAY VIEW INVESTMENT LIMITED (景辰投資有限公司)

Plaintiff

Yang Haohan (formerly Yang Zhiyuan) 楊昊翰(前名楊志源)

Defendant

Procedural Posture

District Court Civil Claim (lease Dispute) With Application for Leave to Appeal to Court of Appeal / Application for Leave to Appeal and Concurrent Application to Adduce New Evidence (permission Hearing)

  1. 1 Whether defendant can rescind the lease for misrepresentation or concealment by plaintiff's agent
  2. 2 Whether the premises contained unauthorized building works (unauthorised canopy and abandoned sign) at the time of contracting
  3. 3 Whether the defendant has a reasonable prospect of success to obtain leave to appeal

Ratio Decidendi

Leave to appeal was refused because the trial judge's factual conclusion—that the defendant, after receiving the Buildings Department memorandum, by his conduct confirmed the lease—was supported by objective evidence and not plainly wrong; the proposed fresh evidence could and should have been obtained earlier and, even if admitted, would not have a realistic prospect of altering the outcome, so it failed the Ladd v Marshall tests. Accordingly there was no reasonable prospect of success on appeal and the leave application and applications to adduce new evidence were dismissed.

Court Disposition

Application for leave to appeal refused; applications to adduce new evidence dismissed; costs awarded to plaintiff

Orders

  • Leave to appeal refused
  • All applications to adduce fresh evidence dismissed