CHAU PO YUE v. LUI WAI HONG

CHAU PO YUE v. LUI WAI HONG

The plaintiff established a prima facie right to possession because the tenancy had expired and notices to quit were given; the defendant was absent and filed no evidence; an interlocutory injunction granting vacant possession was therefore appropriate but its operative date was deferred until after the deadline for serving the defence to avoid prejudice to the defendant while preserving the plaintiff's rights.

Citation
CHAU PO YUE v. LUI WAI HONG
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 February 2015
Case Number
DCCJ194/2015
Procedural Posture
Landlord and Tenant / Trespass and Possession / Interlocutory Injunction Application (levy in Chambers)
Outcome
Interim injunction granted until judgment or further order, with deferred compliance to allow defendant opportunity to serve defence; return date fixed; costs to plaintiff in the cause
Legal Topics
Injunction, Vacant Possession, Trespass, Mesne Profits
Source Language
EN
Property Law Landlord and Tenant Civil Procedure Injunction Vacant Possession Trespass Mesne Profits

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Procedural Posture

Landlord and Tenant / Trespass and Possession / Interlocutory Injunction Application (levy in Chambers)

Legal Issues

  1. 1 Whether the defendant became a trespasser after expiry of the tenancy and notice to quit
  2. 2 Whether the plaintiff is prima facie entitled to an interlocutory injunction for vacant possession
  3. 3 Whether the operative date of an injunction should be deferred to protect the defendant's right to serve a defence

Ratio Decidendi

The plaintiff established a prima facie right to possession because the tenancy had expired and notices to quit were given; the defendant was absent and filed no evidence; an interlocutory injunction granting vacant possession was therefore appropriate but its operative date was deferred until after the deadline for serving the defence to avoid prejudice to the defendant while preserving the plaintiff's rights.

Court Disposition

Interim injunction granted until judgment or further order, with deferred compliance to allow defendant opportunity to serve defence; return date fixed; costs to plaintiff in the cause

Orders

  • Injunction until judgment or further order that the Defendant deliver vacant possession of Ground Floor, No.1 Kiu Yam Street, Kowloon within 42 days from service of the order
  • Injunction until judgment or further order restraining the Defendant and agents from (a) trespassing on the Premises, (b) being, remaining or entering upon the Premises, and (c) doing anything which may interfere with the Plaintiff's quiet enjoyment of the Premises