TANG WAI HON v. ALL OCCUPIERS AND ANOTHER

TANG WAI HON v. ALL OCCUPIERS AND ANOTHER

The court held that the plaintiff's lease was valid and stamped, the 2nd Defendant's sublease and any rights expired on 31 December 2010 so he had no defence to the claim for possession; the proposed amendments raised no triable issues; summary judgment was appropriate for possession and for mesne profits assessed at HK$28,800 per month from 1 January 2011 until delivery of vacant possession; costs awarded to the plaintiff to be taxed if not agreed.

Citation
TANG WAI HON v. ALL OCCUPIERS AND ANOTHER
Parties
Plaintiff: Plaintiff; Unknown Occupiers/defendants: 1st Defendants; Landlord/licensor of Occupiers: 2nd Defendant; Registered Owner: Tang Teng (or Ting) Hong Tso (alias Tang Tin Hong Tso)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 October 2011
Case Number
HCA809/2011
Procedural Posture
Landlord and Tenant Dispute (possession and Mesne Profits) / Application for Summary Judgment / Judgment Handed Down at Summary Hearing
Outcome
Summary judgment entered for the Plaintiff against the 2nd Defendant for possession and for mesne profits
Legal Topics
Possession, Lease Expiry, Sublease Termination, Mesne Profits, Summary Judgment, Stamping of Instruments
Source Language
EN
Landlord and Tenant Property Civil Procedure Possession Lease Expiry Sublease Termination Mesne Profits Summary Judgment +1 more

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendants

Unknown Occupiers/defendants

2nd Defendant

Landlord/licensor of Occupiers

Tang Teng (or Ting) Hong Tso (alias Tang Tin Hong Tso)

Registered Owner

Procedural Posture

Landlord and Tenant Dispute (possession and Mesne Profits) / Application for Summary Judgment / Judgment Handed Down at Summary Hearing

Legal Issues

  1. 1 Whether the plaintiff held a valid lease entitling possession from 1 January 2011 to 31 December 2015
  2. 2 Whether the 2nd Defendant had any subsisting right of possession by reason of a sublease or any entitlement requiring notice to quit
  3. 3 Whether the plaintiff's lease was inadmissible for non‑stamping under s15 Stamp Duty Ordinance

Ratio Decidendi

The court held that the plaintiff's lease was valid and stamped, the 2nd Defendant's sublease and any rights expired on 31 December 2010 so he had no defence to the claim for possession; the proposed amendments raised no triable issues; summary judgment was appropriate for possession and for mesne profits assessed at HK$28,800 per month from 1 January 2011 until delivery of vacant possession; costs awarded to the plaintiff to be taxed if not agreed.

Court Disposition

Summary judgment entered for the Plaintiff against the 2nd Defendant for possession and for mesne profits

Orders

  • Summary judgment for possession in favour of the Plaintiff against the 2nd Defendant
  • Summary judgment for mesne profits at HK$28,800 per calendar month from 1 January 2011 until delivery of vacant possession to the Plaintiff