MARY TSANG v. LEE MOK

MARY TSANG v. LEE MOK

Summary judgment was set aside because the defendant's affidavit raised a serious and difficult question of law (whether the lease was granted for an illegal premium and whether that defeats any possessory interest) warranting trial; the Registrar should have permitted the argument to be ventilated and, accordingly, leave to defend was appropriate; costs for the Registrar hearing were ordered in cause and the defendant awarded costs of the appeal with a counsel certificate.

Citation
MARY TSANG v. LEE MOK
Parties
Plaintiff: Mary Tsang; Defendant: Lee Mok
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 January 1973
Case Number
HCA2248/1972
Procedural Posture
Landlord and Tenant Claim for Possession / Appeal Against Summary Judgment Under Order 14 (original Jurisdiction)
Outcome
Summary judgment set aside; leave to defend granted; matter remitted to trial.
Legal Topics
Summary Judgment, Lease, Illegal Premium, Leave to Defend, Costs, Statutory Protection Under Landlord and Tenant Ordinance
Source Language
EN
Landlord and Tenant Property Civil Procedure Contract Summary Judgment Lease Illegal Premium Leave to Defend +2 more

Case Brief

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Parties

Mary Tsang

Plaintiff

Lee Mok

Defendant

Procedural Posture

Landlord and Tenant Claim for Possession / Appeal Against Summary Judgment Under Order 14 (original Jurisdiction)

Legal Issues

  1. 1 Whether summary judgment was properly entered on the affidavits under Order 14
  2. 2 Whether a lease said to have been granted for an illegal premium bars the defendant from any possessory interest
  3. 3 Whether the Registrar was bound by the prior authority and the standard for granting leave to defend

Ratio Decidendi

Summary judgment was set aside because the defendant's affidavit raised a serious and difficult question of law (whether the lease was granted for an illegal premium and whether that defeats any possessory interest) warranting trial; the Registrar should have permitted the argument to be ventilated and, accordingly, leave to defend was appropriate; costs for the Registrar hearing were ordered in cause and the defendant awarded costs of the appeal with a counsel certificate.

Court Disposition

Summary judgment set aside; leave to defend granted; matter remitted to trial.

Orders

  • Summary judgment entered by the Registrar set aside and leave to defend granted.
  • Costs of the hearing before the Registrar ordered to be costs in cause.