CHAN WAI v. SHIM TET THONG CO LTD

CHAN WAI v. SHIM TET THONG CO LTD

The appeal is dismissed because the Tribunal's factual findings that the firm had ceased or suspended business, removed its machinery and signboard, and that Chan Wai occupied the premises personally (so the firm was not in occupation) together with rent arrears justified eviction under Proclamation No.15 Articles...

Source-derived case information.

Citation
CHAN WAI v. SHIM TET THONG CO LTD
Parties
Appellant (opponent): Chan Wai; Respondent (applicant): Shim Tet Thong Co. Ltd.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 January 1946
Case Number
DCMP3/1945
Procedural Posture
Tenancy Tribunal Appeal / Appeal Judgment
Outcome
Appeal affirmed
Legal Topics
Non Payment of Rent, Occupation Status, Partnership Dissolution, Subletting, Credibility Findings on Appeal
Source Language
en
Tenancy Property Eviction Administrative/military Law Non Payment of Rent Occupation Status Partnership Dissolution Subletting +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Chan Wai

Appellant (opponent)

Shim Tet Thong Co. Ltd.

Respondent (applicant)

Procedural Posture

Tenancy Tribunal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Tribunal's findings of fact should be disturbed on appeal
  2. 2 Whether the partnership (Man Nga) had been dissolved or had suspended business
  3. 3 Whether the occupation was personal to Chan Wai or representative of the firm

Ratio Decidendi

The appeal is dismissed because the Tribunal's factual findings that the firm had ceased or suspended business, removed its machinery and signboard, and that Chan Wai occupied the premises personally (so the firm was not in occupation) together with rent arrears justified eviction under Proclamation No.15 Articles 5(c) and 5(e); those findings on credibility and fact will not be disturbed on appeal.

Court Disposition

Appeal affirmed

Orders

  • Opponent to vacate the premises and give up possession to the Applicants before Tuesday 10 February 1946, subject to the costs being paid as ordered hereunder, failing which Opponent will vacate the premises on 1 February 1946.
  • Appellants to pay Respondents the sum of $200 as and for the costs of this Appeal, to be paid before 1 February 1946.