AVION INVESTMENT LTD v. MAN YUN KWAN AND OTHERS

AVION INVESTMENT LTD v. MAN YUN KWAN AND OTHERS

Insufficient evidence supported finding of a legal assignment in 1984; on the facts the 1984 transaction amounted to a surrender by operation of law and the creation of a new tenancy governed by Part IV of Cap.7; therefore sub-tenants became direct tenants under s.119P(8) and could not be summarily evicted without proper notices and Tribunal proceedings, preventing the Tribunal from fixing the mandatory commencement/completion dates required by ss.53A(2)(b)/119F(2)(b); accordingly the landlord failed to satisfy the mandatory conditions for redevelopment possession orders and the consolidated possession applications were dismissed.

Citation
AVION INVESTMENT LTD v. MAN YUN KWAN AND OTHERS
Parties
Applicant / Landlord: Avion Investment Limited; Respondent: Man Yun Kwan; Respondents: Various other respondents including sub-tenants and Mr Lee Tung Chau
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
9 September 1994
Case Number
LDMP1884/1993
Procedural Posture
Landlord and Tenant Application for Possession and Redevelopment / Lands Tribunal Hearing and Decision (consolidated Applications Dismissed)
Outcome
All consolidated applications for orders of possession dismissed
Legal Topics
Redevelopment and Possession Orders, Assignment Versus Surrender of Tenancy, Status and Protection of Sub Tenants Under Part II and Part IV of Cap.7, Estoppel, Compensation for Displacement, Tribunal Discretion on Costs
Source Language
EN
Landlord and Tenant Law Property Law Statutory Interpretation Civil Procedure Redevelopment and Possession Orders Assignment Versus Surrender of Tenancy Status and Protection of Sub Tenants Under Part II and Part IV of Cap.7 Estoppel +2 more

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Parties

Avion Investment Limited

Applicant / Landlord

Man Yun Kwan

Respondent

Various other respondents including sub-tenants and Mr Lee Tung Chau

Respondents

Procedural Posture

Landlord and Tenant Application for Possession and Redevelopment / Lands Tribunal Hearing and Decision (consolidated Applications Dismissed)

Legal Issues

  1. 1 Whether landlord proved intention and financial ability to rebuild
  2. 2 Whether informal 1984 oral transfer amounted to a legal assignment or amounted to surrender by operation of law
  3. 3 Whether Mr Lee's tenancy is governed by Part II or Part IV of Cap.7

Ratio Decidendi

Insufficient evidence supported finding of a legal assignment in 1984; on the facts the 1984 transaction amounted to a surrender by operation of law and the creation of a new tenancy governed by Part IV of Cap.7; therefore sub-tenants became direct tenants under s.119P(8) and could not be summarily evicted without proper notices and Tribunal proceedings, preventing the Tribunal from fixing the mandatory commencement/completion dates required by ss.53A(2)(b)/119F(2)(b); accordingly the landlord failed to satisfy the mandatory conditions for redevelopment possession orders and the consolidated possession applications were dismissed.

Court Disposition

All consolidated applications for orders of possession dismissed

Orders

  • Consolidated Lands Tribunal Applications for possession dismissed