WONG YUK YING v. CHAN PUI SHAN MAY

WONG YUK YING v. CHAN PUI SHAN MAY

Leave to appeal was granted because the plaintiff demonstrated at least one non‑fanciful arguable ground based on Clause 5 Part A of the Second Schedule to the Conveyancing and Property Ordinance as incorporated into the contract which could found an obligation to deliver vacant possession where the tenancy terminated before completion; the application for leave does not require full rehearing of contested trial issues.

Citation
WONG YUK YING v. CHAN PUI SHAN MAY
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 December 2013
Case Number
DCMP688/2013
Procedural Posture
Civil Conveyancing / Sale of Property; Application for Leave to Appeal / Leave to Appeal Application (post Judgment)
Outcome
Leave to appeal granted to the plaintiff (judgment for defendant at trial not overturned by this decision); costs of the application ordered as costs in the cause of the appeal.
Legal Topics
Implied Terms, Vacant Possession, Tenancy, Completion of Sale, Contractual Interpretation, Leave to Appeal, Costs
Source Language
EN
Conveyancing Contract Law Property Law Civil Procedure Implied Terms Vacant Possession Tenancy Completion of Sale +3 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Conveyancing / Sale of Property; Application for Leave to Appeal / Leave to Appeal Application (post Judgment)

Legal Issues

  1. 1 Whether an obligation to deliver vacant possession is implied where a sale subject to a tenancy has the tenancy expire before completion
  2. 2 Whether the plaintiff has a realistic/arguable prospect of success on appeal to justify leave
  3. 3 Whether Clause 5 Part A of the Second Schedule to the Conveyancing and Property Ordinance (Cap 219) as incorporated by contract gives rise to an obligation to deliver vacant possession

Ratio Decidendi

Leave to appeal was granted because the plaintiff demonstrated at least one non‑fanciful arguable ground based on Clause 5 Part A of the Second Schedule to the Conveyancing and Property Ordinance as incorporated into the contract which could found an obligation to deliver vacant possession where the tenancy terminated before completion; the application for leave does not require full rehearing of contested trial issues.

Court Disposition

Leave to appeal granted to the plaintiff (judgment for defendant at trial not overturned by this decision); costs of the application ordered as costs in the cause of the appeal.

Orders

  • Leave to appeal granted to the plaintiff
  • Costs of this leave application to be costs in the cause of the appeal