AU KIN CHONG AND ANOTHER v. MUHAMMAD-ASHFAQ

AU KIN CHONG AND ANOTHER v. MUHAMMAD-ASHFAQ

The tenancy expired on its fixed term with no agreement for renewal or compensation and there is no statutory security of tenure; the respondent offered no arguable point of law and therefore under s11AA(6) leave to appeal lacks a reasonable prospect of success; accordingly leave to appeal and stay of execution were...

Source-derived case information.

Citation
AU KIN CHONG AND ANOTHER v. MUHAMMAD-ASHFAQ
Parties
1st Applicant: AU KIN CHONG; 2nd Applicant: WONG LAI NOR; Respondent: MUHAMMAD-ASHFAQ
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
12 December 2014
Case Number
LDPE726/2014
Procedural Posture
Landlord and Tenant Recovery of Possession / Interlocutory Application (leave to Appeal and Stay)
Outcome
Interlocutory application dismissed; leave to appeal refused; stay of execution refused; costs awarded to applicants.
Legal Topics
Recovery of Possession, Leave to Appeal, Stay of Execution, Security of Tenure, Compensation for Improvements
Source Language
en
Landlord and Tenant Property Law Civil Procedure Recovery of Possession Leave to Appeal Stay of Execution Security of Tenure Compensation for Improvements

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Parties

AU KIN CHONG

1st Applicant

WONG LAI NOR

2nd Applicant

MUHAMMAD-ASHFAQ

Respondent

Procedural Posture

Landlord and Tenant Recovery of Possession / Interlocutory Application (leave to Appeal and Stay)

Legal Issues

  1. 1 Whether the tenant is entitled to lease renewal or compensation for improvements upon expiry of a fixed term tenancy
  2. 2 Whether leave to appeal should be granted under section 11AA(6) of the Lands Tribunal Ordinance
  3. 3 Whether a stay of execution of the Writ of Possession should be granted

Ratio Decidendi

The tenancy expired on its fixed term with no agreement for renewal or compensation and there is no statutory security of tenure; the respondent offered no arguable point of law and therefore under s11AA(6) leave to appeal lacks a reasonable prospect of success; accordingly leave to appeal and stay of execution were refused and the interlocutory application dismissed with costs.

Court Disposition

Interlocutory application dismissed; leave to appeal refused; stay of execution refused; costs awarded to applicants.

Orders

  • Interlocutory application filed 1 December 2014 dismissed
  • Leave to appeal refused