LIU NG CHAI alias LIU NG TSAI v. 姚華泰

LIU NG CHAI alias LIU NG TSAI v. 姚華泰

Defendant failed to provide an acceptable explanation for the delay and failed to show a credible triable issue or arguable defence: the tenancy expired by effluxion of time, post-expiry deposits and deposits after commencement of proceedings did not create a new tenancy or estoppel, and therefore extension of time...

Source-derived case information.

Citation
[2018] HKCFI 2041
Parties
Plaintiff: P; Defendant: D
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 September 2018
Case Number
HCA27/2017
Procedural Posture
Landlord and Tenant Possession and Mesne Profits; Counterclaim for Improvements/compensation / Application for Leave to Appeal Out of Time Against Master\'s Order; Order 14 Summary Judgment Proceedings; Writ of Possession Executed
Outcome
Application for leave to appeal against the Master\'s Order out of time dismissed; no extension of time granted; costs ordered.
Legal Topics
Possession, Mesne Profits, Summary Judgment (order 14), Extension of Time to Appeal, Service of Process, Estoppel/waiver, Tenancy Expiry
Source Language
en
Landlord and Tenant Civil Procedure Property Law Possession Mesne Profits Summary Judgment (order 14) Extension of Time to Appeal Service of Process +2 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 5 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

P

Plaintiff

D

Defendant

Procedural Posture

Landlord and Tenant Possession and Mesne Profits; Counterclaim for Improvements/compensation / Application for Leave to Appeal Out of Time Against Master\'s Order; Order 14 Summary Judgment Proceedings; Writ of Possession Executed

Legal Issues

  1. 1 Whether the tenancy continued after 31 August 2016 or expired by effluxion of time
  2. 2 Whether deposits of rent after expiry and after commencement of proceedings created a new tenancy or amounted to waiver/estoppel
  3. 3 Whether notices (NTQ and 23/9/16 letter) were properly served and received

Ratio Decidendi

Defendant failed to provide an acceptable explanation for the delay and failed to show a credible triable issue or arguable defence: the tenancy expired by effluxion of time, post-expiry deposits and deposits after commencement of proceedings did not create a new tenancy or estoppel, and therefore extension of time to appeal was refused and the intended appeal dismissed.

Court Disposition

Application for leave to appeal against the Master\'s Order out of time dismissed; no extension of time granted; costs ordered.

Orders

  • Application for leave to appeal out of time dismissed
  • Costs order nisi: defendant to pay plaintiff\'s costs of the application for leave to appeal out of time, to be taxed if not agreed