KINGDOM POWER DEVELOPMENT LTD v. DYNAMIC WISE TRADING LTD AND ANOTHER

KINGDOM POWER DEVELOPMENT LTD v. DYNAMIC WISE TRADING LTD AND ANOTHER

The judge held that on the evidence and authorities there exists a clear triable issue as to whether the staircase area formed part of the demise under the tenancy agreements (i.e. whether the letters annexed were part of the tenancy). Because the defendants demonstrated a serious arguable case on document...

Source-derived case information.

Citation
KINGDOM POWER DEVELOPMENT LTD v. DYNAMIC WISE TRADING LTD AND ANOTHER
Parties
Plaintiff: Kingdom Power Development Limited; 1st Defendant: Dynamic Wise Trading Limited; 2nd Defendant: Lau Shun kwan
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 March 2004
Case Number
DCCJ5019/2003
Procedural Posture
Trespass; Possession (order 14) / Order 14 Summary Judgment Proceedings (leave to Defend)
Outcome
Order 14 application refused; Defendants granted unconditional leave to defend
Legal Topics
Licence V Tenancy, Possession, Trespass, Interpretation of Contemporaneous Documents, Estoppel, Order 14 Summary Judgment Test
Source Language
en
Property Landlord and Tenant Civil Procedure Licence V Tenancy Possession Trespass Interpretation of Contemporaneous Documents Estoppel +1 more

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Summary, issues, holding and outcome

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Parties

Kingdom Power Development Limited

Plaintiff

Dynamic Wise Trading Limited

1st Defendant

Lau Shun kwan

2nd Defendant

Procedural Posture

Trespass; Possession (order 14) / Order 14 Summary Judgment Proceedings (leave to Defend)

Legal Issues

  1. 1 Whether the Chinese letters annexed to certain tenancy agreements formed part of the tenancies or merely constituted a licence
  2. 2 Whether any licence (if found) survived assignment of the property to the Plaintiff
  3. 3 Whether there are triable issues sufficient to defeat summary judgment under Order 14

Ratio Decidendi

The judge held that on the evidence and authorities there exists a clear triable issue as to whether the staircase area formed part of the demise under the tenancy agreements (i.e. whether the letters annexed were part of the tenancy). Because the defendants demonstrated a serious arguable case on document construction and contemporaneous transaction principles, summary judgment could not be entered and unconditional leave to defend was granted.

Court Disposition

Order 14 application refused; Defendants granted unconditional leave to defend

Orders

  • Unconditional leave to defend granted to the Defendants
  • Order 14 summons for summary judgment dismissed (no possession ordered at this stage)